STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, June 5, 2019.
10:00 a.m.
The Senate was called to order by the
President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the
Senate, who announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—excused McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Good and gracious God, You shower us with countless blessings for which
we are forever grateful, and we approach You once again humbly asking for Your
grace and mercy.
Bless the women and men who comprise the Senate of the state of
Michigan. Give them sensitivity to the needs of the people of Michigan,
especially the poor and the marginalized. Give them clarity of vision that
looks to the future in a spirit of hope. Give them a spirit of cooperation that
allows for listening even in the midst of disagreement. Help them keep
political ambitions secondary to the noble cause for which they have been
elected. And above all, give them wisdom, the wisdom that comes from You alone.
Imploring Your Holy Spirit to renew the face of the
earth, we make our prayer through Christ, our Lord. Amen.
The President, Lieutenant Governor Gilchrist, led
the members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
MacGregor moved that Senator Shirkey be temporarily excused from today’s
session.
The motion prevailed.
The motion prevailed.
The
following communication was received and read:
Office of the Senate Majority Leader
June
4, 2019
Pursuant
to MCL 399.73, I appoint the following individual to the Michigan Iron Industry Museum Advisory Board:
Ron
Basso, Iron River
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The
communication was referred to the Secretary for record.
The
following communication was received:
Office of Senator Rosemary Bayer
June
4, 2019
Per
Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to
Senate Bill 315 introduced by Senator Irwin on May 14, 2019.
Sincerely,
Rosemary
Bayer
12th
Senate District
State
Senator
The
communication was referred to the Secretary for record.
By
unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist,
designated Senator MacDonald as Chairperson.
After some time spent therein, the Committee arose; and the President,
Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported
back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4304, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time
enforcement act,” by amending sections 2, 5a, and 26 (MCL 552.602,
552.605a, and 552.626), section 2 as amended by 2015 PA 256 and sections 5a and
26 as amended by 2002 PA 572.
A bill to amend 1982 PA 294, entitled “Friend of the court act,” by
amending sections 2, 2a, 17, and 19 (MCL 552.502, 552.502a, 552.517, and
552.519), section 2 as amended by 2015 PA 253 and sections 2a, 17, and 19 as
amended by 2009 PA 233.
The
bills were placed on the order of Third Reading of Bills.
During
the Committee of the Whole, Senator Ananich entered the Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senator
MacGregor moved that consideration of the following resolutions be postponed
for today:
Senate Resolution No. 30
Senate Resolution No. 38
Senate Resolution No. 49
The motion prevailed.
Senate Resolution No. 56
The motion prevailed, a majority of the members serving voting therefor.
Senate Resolution No. 56.
A
resolution to recognize June 2019 as Aphasia Awareness Month.
Whereas,
Aphasia is defined as an impairment of language, affecting the production
and/or comprehension of speech and the ability to read and/or write; and
Whereas,
It causes individuals to have trouble speaking, understanding others, and the
inability to process long words and infrequently used words; and
Whereas,
The National Aphasia Association estimates that aphasia affects nearly two
million Americans, with roughly 180,000 Americans developing the disorder each
year; and
Whereas,
The most common cause of aphasia is stroke, with 15 percent of individuals
under the age of 65 experiencing aphasia after their first ischemic stroke, and
43 percent of individuals over the age of 85. Other causes include head injury,
brain tumor, or other neurological issues; and
Whereas, There are three types of aphasia, including
Wernicke’s Aphasia, Broca’s Aphasia, and Global Aphasia. All three types vary
in severity and symptoms, but can leave a patient feeling frustrated and
isolated; and
Whereas, Aphasia not only takes a physical toll, but can
also take an emotional one as patients can feel trapped in their own mind as
they struggle to express themselves and speak with their friends and family;
and
Whereas,
If the symptoms of aphasia last longer than three months after a stroke, many
individuals never completely recover. However, with continued rehabilitation
and support some patients can continue to improve over the years and even
decades; and
Whereas,
The American Heart Association and the American Stroke Association seek to
increase aphasia awareness throughout the month of June by sharing
communication tips, informing about the effects of having aphasia, and further
educating people on aphasia itself; now, therefore, be it
Resolved
by the Senate, That the members of this legislative body recognize June 2019 as
Aphasia Awareness Month; and be it further
Resolved,
That we commend The American Heart Association and the American Stroke
Association for their continued work in educating individuals during Aphasia
Awareness Month; and be it further.
Resolved,
That we urge key entities to continue to improve patient care, prioritize new
research, provide ongoing education to health professionals, and raise public
awareness about the severity of aphasia.
The
question being on the adoption of the resolution,
The motion prevailed.
Senator
Bayer’s statement is as follows:
Today I’m introducing a resolution to recognize June 2019 as Aphasia
Awareness Month in Michigan.
As most of you know, I am personally aware of the impact aphasia can
have on individuals and their families. My husband John suffered a stroke in
March, and while he has recovered amazingly well, he now suffers from aphasia.
Aphasia is a communication disorder that affects how a person comprehends or
formulates communication. It does not affect intelligence, which is a blessing
and also a curse. Friends and family must work with speech pathologists and
other experts to help their loved ones regain their communication skills,
things that we take for granted like reading and writing, and for someone like
my husband who is a storyteller, speech—the ability to speak. Over two million
Americans are living with aphasia today, 180,000 more join the ranks every
year.
As John and I know, surviving a stroke is intensely challenging and the
resulting aphasia means a very long return to normalcy. We have been fortunate
to be able to work with incredible speech pathologists who are continuing to
lead us through this, likely through the rest of this year.
In recognizing June 2019 as Aphasia Awareness Month in Michigan, we are
acknowledging the importance of aphasia awareness and of the support for speech
pathologists making a difference for families every day. I urge my colleagues
to support this resolution.
Senators
Shirkey and Hollier entered the Senate Chamber.
By
unanimous consent the Senate returned to the order of
Messages from the Governor
The following messages from the Governor were
received:
Time: 10:32 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 106 (Public Act No. 18), being
An act to amend 1915 PA 31, entitled “An act to prohibit the selling,
giving, or furnishing of tobacco products to minors; to prohibit the purchase,
possession, or use of tobacco products by minors; to regulate the retail sale
of tobacco products; to prescribe penalties; and to prescribe the powers and
duties of certain state agencies and departments,” by amending the title and
sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA
236.
(Filed with the Secretary of State on June 4, 2019 at 12:06 p.m.)
Time:
10:34 a.m.
To
the President of the Senate:
Sir—I
have this day approved and signed
Enrolled
Senate Bill No. 155 (Public Act No. 17), being
An
act to amend 1915 PA 31, entitled “An act to prohibit the selling, giving, or
furnishing of tobacco products to minors; to prohibit the purchase, possession,
or use of tobacco products by minors; to regulate the retail sale of tobacco
products; to prescribe penalties; and to prescribe the powers and duties of
certain state agencies and departments,” (MCL 722.641 to 722.645) by adding
sections 2b and 2c.
(Filed
with the Secretary of State on June 4, 2019 at 12:04 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
Messages from the House
A bill
to amend 1980 PA 299, entitled “Occupational code,” by amending section 1803
(MCL 339.1803).
The House
of Representatives has amended the bill as follows:
1.
Amend page 2, line 11, by striking out all of enacting section 1.
The
House of Representatives has passed the bill as amended, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting
therefor, as follows:
Roll Call No. 126 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—0
Excused—1
Chang
Not
Voting—0
In The Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting
therefor.
The
Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 294
The motion prevailed.
The
following bill was read a third time:
Senate Bill No. 294, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single
state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13h.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No. 127 Yeas—33
Alexander Horn McCann Schmidt
Barrett Johnson McMorrow Shirkey
Bayer LaSata Moss Stamas
Bizon Lauwers Nesbitt Theis
Brinks Lucido Outman VanderWall
Bullock MacDonald Polehanki Victory
Bumstead MacGregor Runestad Wojno
Daley McBroom Santana Zorn
Hollier
Nays—4
Ananich Geiss Hertel Irwin
Excused—1
Chang
Not
Voting—0
In The Chair: President
The
Senate agreed to the title of the bill.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,”
by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207,
209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202,
37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a,
37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992
PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section
103 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190,
section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.
The bill was read a first and second time by title and referred to the
Committee on Government Operations.
Senator Lucido introduced
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” (MCL 750.1 to 750.568) by adding section 50d.
The bill was read a first
and second time by title and referred to the Committee on Judiciary and Public
Safety.
Senator Lucido introduced
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 16b of chapter XVII (MCL
777.16b), as amended by 2018 PA 652.
The bill was read a first
and second time by title and referred to the Committee on Judiciary and Public
Safety.
Senators Polehanki, MacDonald, Bizon, Lucido,
Zorn, Alexander, Wojno, Bullock, Runestad and Hollier introduced
A bill to amend 1949 PA
300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 803s.
The bill was read a first and second time by
title and referred to the Committee on Transportation and Infrastructure.
Senators Bizon, Hollier, Polehanki, MacDonald,
Lucido, Zorn, Bullock, Wojno and Irwin introduced
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 217d, 803l, and 804 (MCL 257.217d,
257.803l, and 257.804), section 217d as amended by 2006 PA 562, section 803l as
amended by 2000 PA 77, and section 804 as amended by 2015 PA 78.
The bill was read a first and second time by
title and referred to the Committee on Transportation and Infrastructure.
Senators Hollier, MacDonald, Alexander,
Bullock, Polehanki and Bizon introduced
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 803o (MCL 257.803o), as amended by 1999 PA
183.
The bill was read a first and second time by
title and referred to the Committee on Transportation and Infrastructure.
Senators McBroom, Theis, Barrett, LaSata and
Horn introduced
A bill to require testing for a fetal
heartbeat before the performance of an abortion; to place certain requirements
and restrictions on the performance of an abortion if a fetal heartbeat is
detected; to provide for the powers and duties of certain state and local
governmental officers and entities; and to prescribe penalties and provide
remedies.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators McBroom, Theis, Barrett, LaSata and
Horn introduced
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 13k of chapter XVII (MCL
777.13k), as amended by 2018 PA 587.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators LaSata, Bumstead, Horn and Ananich
introduced
A bill to amend 2008 PA 549, entitled “Michigan
promise zone authority act,” by amending sections 3 and 7 (MCL 390.1663 and
390.1667), section 3 as amended by 2013 PA 210 and section 7 as amended by 2016
PA 9.
The bill was read a first and second time by
title and referred to the Committee on Appropriations.
Senators Stamas, Ananich, Nesbitt, Hertel,
Horn, MacGregor, Schmidt, Zorn, Victory, Outman, Lucido, Bizon and Hollier
introduced
A bill to amend 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senator Ananich introduced
A bill to amend 2011 PA 256, entitled “Michigan
fireworks safety act,” by amending section 12 (MCL 28.462), as amended by 2018
PA 634.
The bill was read a first and second time by
title and referred to the Committee on Agriculture.
Senators Hertel, Shirkey, Ananich, MacGregor,
Geiss, Wojno, Stamas, MacDonald, Brinks, LaSata, Bullock, Outman, Polehanki,
VanderWall, McMorrow, Irwin, Alexander, Hollier and Schmidt introduced
Senate Bill No. 362, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” by amending section 107b (MCL 400.107b), as added by 2018
PA 208.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators Shirkey, Hertel, Ananich,
MacGregor, Geiss, Wojno, Stamas, MacDonald, Brinks, LaSata, Bullock, Polehanki,
Outman, VanderWall, McMorrow, Irwin, Alexander, Hollier and Schmidt introduced
Senate Bill No. 363, entitled
A bill to amend 1939 PA 280,
entitled “The social welfare act,” by amending section 107b (MCL 400.107b), as
added by 2018 PA 208.
The bill was read a first and
second time by title and referred to the Committee on Health Policy and Human Services.
Senator Zorn introduced
Senate Bill No. 364, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the
classification of all public roads, streets, and highways in this state, and
for the revision of that classification and for additions to and deletions from
each classification; to set up and establish the Michigan transportation fund;
to provide for the deposits in the Michigan transportation fund of specific
taxes on motor vehicles and motor vehicle fuels; to provide for the allocation
of funds from the Michigan transportation fund and the use and administration
of the fund for transportation purposes; to promote safe and efficient travel
for motor vehicle drivers, bicyclists, pedestrians, and other legal users of
roads, streets, and highways; to set up and establish the truck safety fund; to
provide for the allocation of funds from the truck safety fund and
administration of the fund for truck safety purposes; to set up and establish
the Michigan truck safety commission; to establish certain standards for road
contracts for certain businesses; to provide for the continuing review of
transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for
appropriations and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund, local bridge
fund, comprehensive transportation fund, and certain other funds; to provide
for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan transportation
fund grants; to provide for review and approval of transportation programs; to
provide for submission of annual legislative requests and reports; to provide
for the establishment and functions of certain advisory entities; to provide
for conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to
247.675) by adding section 11i.
The bill was read a first and second time by title and referred to the
Committee on Transportation and Infrastructure.
Announcements of Printing and Enrollment
The Secretary announced that the
following bills and resolutions were printed and filed on Tuesday, June 4
and are available on the Michigan Legislature website:
Senate Bill No. 350
Senate Resolution
Nos. 54 55
House Bill Nos. 4687 4688
Committee Reports
The Committee on Energy and Technology
reported
House Bill No. 4249, entitled
A bill to amend 1986 PA 32, entitled “Emergency
9-1-1 service enabling act,” by amending section 413 (MCL 484.1413), as amended
by 2008 PA 379; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Dan
Lauwers
Chairperson
To Report Out:
Yeas: Senators Lauwers, Horn, LaSata, Nesbitt,
Barrett, Bumstead, Outman, McCann, Brinks and McMorrow
Nays: None
The bill was referred to the Committee of the
Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting
held on Tuesday, June 4, 2019, at 2:00 p.m., Room 1100, Binsfeld Office
Building
Present:
Senators Lauwers (C), Horn, LaSata, Nesbitt, Barrett, Bumstead, Outman, McCann,
Brinks and McMorrow
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and Public Safety
submitted the following:
Meeting held on Tuesday, June 4, 2019, at 8:00
a.m., Room 1100, Binsfeld Office Building
Present: Senators Lucido (C), VanderWall,
Barrett, Johnson, Runestad and Irwin
Excused: Senator Chang
COMMITTEE ATTENDANCE REPORT
The Committee on Environmental Quality
submitted the following:
Meeting held on Tuesday, June 4, 2019, at 1:00
p.m., Room 1200, Binsfeld Office Building
Present: Senators Outman (C), Daley, Johnson,
VanderWall, McBroom, Bayer and Brinks
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted
the following:
Meeting held on Tuesday, June 4, 2019, at 3:00
p.m., Room 1200, Binsfeld Office Building
Present: Senators Nesbitt (C), Theis, Johnson,
Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Scheduled
Meetings
Advice
and Consent - Wednesday, June 12, 3:00 p.m., Room 1100,
Binsfeld Office Building (517) 373‑5312
Agriculture
- Thursday, June 6, 8:30 a.m., Room 1200,
Binsfeld Office Building (517) 373-5314
Economic
and Small Business Development -
Thursday, June 6, 12:00 noon, Room 1200, Binsfeld Office Building (517)
373-5314
Health
Policy and Human Services - Thursday, June 6, 1:00 p.m., Room 1100,
Binsfeld Office Building (517) 373-5323
Local
Government - Thursday, June 6, 1:30 p.m., Room 1200,
Binsfeld Office Building (517) 373-5312
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 10:24
a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Thursday, June 6, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate