STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

Senate Chamber, Lansing, Thursday, February 20, 2020.

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—present 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

Father Patrick Jankowiak of Blessed Trinity Catholic Church of Frankenmuth offered the following invocation:

Lord God of heaven and earth in whose hands rests all of creation—from the day 183 years ago when the peninsulas of this great state joined the Union, until this very moment—we here in Michigan have raised a joyful song of praise for Your goodness.

Your blessings upon our state—its fields, hills, and seemingly endless shores—are the compass pointing us true north to acknowledge You as their source and origin.

In these halls now stand men and women dedicated to lead, govern, and serve Your people. Lift up Your face to shine upon them and grant them wise and discerning hearts, that they may perceive with clear sight and pursue with untiring devotion the pressing needs for which they now assemble to address. May their endeavors in this Senate be directed today and always by the true wisdom that comes from above, and may the fruits of their labors be as encompassed by good will as the shores of this state which we proudly call home, are ringed with the fresh waters of life.

To You, O God, be honor, glory, and praise forever and ever. 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 Runestad be temporarily excused from today’s session.

The motion prevailed.

Senator Chang moved that Senator Ananich be temporarily excused from today’s session.

The motion prevailed.

The following communication was received:

Office of Senator Rosemary Bayer

February 19, 2020

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bills 240-243 introduced by Senators Alexander, Chang, Irwin, and Wojno respectively on March 21, 2019.

Sincerely,

Rosemary K. Bayer

12th Senate District

State Senator

The communication was referred to the Secretary for record.

Senator Runestad entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senate Bill No. 29, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2016 PA 488.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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.

Senate Bill No. 30, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2018 PA 374.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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.

Senator Ananich entered the Senate Chamber.

Senate Bill No. 118, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA 46.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), 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 substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 74 Yeas—38

Alexander Geiss MacGregor Santana

Ananich Hertel McBroom Schmidt

Barrett Hollier McCann Shirkey

Bayer Horn McMorrow Stamas

Bizon Irwin Moss Theis

Brinks Johnson Nesbitt VanderWall

Bullock LaSata Outman Victory

Bumstead Lauwers Polehanki Wojno

Chang Lucido Runestad Zorn

Daley MacDonald

Nays—0

Excused—0

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.

Senate Bill No. 693, entitled

A bill to amend 2018 PA 111, entitled “Agricultural disaster loan origination program act,” by amending sections 2, 3, 4, and 5 (MCL 286.432, 286.433, 286.434, and 286.435).

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator MacGregor moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 762

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 762, entitled

A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2004 PA 463.

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. 75 Yeas—38

Alexander Geiss MacGregor Santana

Ananich Hertel McBroom Schmidt

Barrett Hollier McCann Shirkey

Bayer Horn McMorrow Stamas

Bizon Irwin Moss Theis

Brinks Johnson Nesbitt VanderWall

Bullock LaSata Outman Victory

Bumstead Lauwers Polehanki Wojno

Chang Lucido Runestad Zorn

Daley MacDonald

Nays—0

Excused—0

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

General Orders

Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Schmidt 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 with a substitute therefor, the following bill:

Senate Bill No. 402, entitled

A bill to establish the Michigan PFAS action response team and provide for its powers and duties; and to prescribe the powers and duties of certain state and local agencies and officials.

Substitute (S-1)

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 5, following line 2, by inserting:

“Enacting section 1. This act is repealed effective December 31, 2022.”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 696, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1801 and 1809 (MCL 339.1801 and 339.1809), section 1801 as amended by 2006 PA 300.

Substitute (S-1)

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senators Geiss, McCann, Brinks, Alexander, Bullock, Wojno, Lucido, McMorrow, Zorn, Polehanki, McBroom, Chang, Moss, Bayer, Irwin and Hollier offered the following resolution:

Senate Resolution No. 101.

A resolution to recognize February 2020 as Black History Month.

Whereas, The origins of Black History Month began in 1915 after the Thirteenth Amendment to the United States Constitution abolished slavery in the United States. Since 1976, every U.S. President has adopted the month of February as Black History Month, an annual celebration of African-American achievements and roles in our history; and

Whereas, As a result of the Civil Rights Movement and a growing awareness of black identity, Black History Month is a time to reflect on the burdens of racial prejudice and explore, understand, and appreciate the identities and cultures across and within the African diaspora; and

Whereas, We pay tribute to Dr. Carter G. Woodson who organized a national Negro History Week as an initiative to bring national attention to the contributions of black people throughout American history, evolving into a month-long celebration of black progress and power; and

Whereas, President Gerald R. Ford officially recognized Black History Month in 1976, calling upon the public to “seize the opportunity to honor the too-often neglected accomplishments of black Americans in every area of endeavor throughout our history”; and

Whereas, Michigan recognizes the injustices that African-Americans have endured and commends the African-American community for the continuous pursuit of overcoming those injustices while changing the course and nature of history. We honor the prominent leaders and activists who have paved the way for equality and justice; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize February 2020 as Black History Month; and be it further

Resolved, That we honor the contributions and sacrifices made toward building pride in black history and educating all Americans; and be it further

Resolved, That we join other organizations throughout the state of Michigan and this country to use this occasion to raise awareness about the hardships African-Americans have endured, celebrate the milestones achieved, and to continue the unrelenting pursuit of equality and justice for all.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The resolution was adopted.

Senator Santana and Lieutenant Governor Gilchrist were named co-sponsors of the resolution.

Senators Geiss, Bullock, Alexander, Hollier and Santana asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Geiss’ first statement is as follows:

The five of us who represent the African Americans and members of the African diaspora in this body rise together to offer and ask for your support of this resolution.

The origins of Black History Month begin in 1915 after the Thirteenth Amendment abolished slavery in the United States. Since 1976, every president has adopted the month of February as Black History Month, an annual celebration of African-American achievements and roles in U.S. history.

Senator Bullock’s statement is as follows:

Because of the Civil Rights Movement and a growing awareness of black identity, Black History Month is a time to reflect on the burdens of racial prejudice and explore, understand, and appreciate the identities and cultures across and within the African diaspora.

Senator Alexander’s statement is as follows:

We pay tribute to Dr. Carter G. Woodson who organized a national Negro History Week as an initiative to bring national attention to the contributions of black people throughout American history that has evolved into a month-long celebration of black progress and power.

Senator Hollier’s statement is as follows:

In 1976, President Gerald R. Ford officially recognized Black History Month calling upon the public to “seize the opportunity to honor the too-often neglected accomplishments of black Americans in every area of endeavor throughout our history.”

Senator Santana’s statement is as follows:

The state of Michigan recognizes the injustices that African-Americans have endured and commends the African-American community for the continuous pursuit of overcoming those injustices and changing the course and nature of our history.

Senator Geiss’ second statement is as follows:

Together we honor the prominent leaders and activists who have paved the way for equality and justice including William Webb Ferguson, Charles A. Roxboro, Cora Brown, and Charlene White, who paved the way for us to be in this august body. We honor the contributions and sacrifices made in building pride in black history and educating all Americans as we join other organizations throughout the state of Michigan and this country to use this occasion to raise awareness of the hardships African Americans have endured, celebrate the milestones we have achieved, and continue the unrelenting pursuit of equality and justice for all.

Senators Stamas, Victory, MacDonald, Outman, Zorn, Bizon, Bumstead, Daley, LaSata, Lauwers, Horn, Barrett, Runestad, VanderWall, Johnson, Nesbitt, Lucido, Shirkey, Theis, Schmidt, MacGregor and McBroom offered the following concurrent resolution:

Senate Concurrent Resolution No. 22.

A concurrent resolution calling for the responsible use of the state’s transportation bonding authority and to state the Legislature’s intent regarding future debt service payments.

Whereas, Article IX, Section 9 of the Constitution of the State of Michigan of 1963 grants authority to the Legislature to authorize the issuance of transportation bonds against constitutionally protected revenue designated for usage by the state. To facilitate the issuance of bonds, the Legislature, through statute, has authorized the State Transportation Commission to issue transportation bonds; and

Whereas, The State Transportation Commission is a constitutionally established body appointed by the Governor, subject to the advice and consent of the Senate. This body, not the Governor, is tasked with determining policy for the department, including, but not limited to, the financing mechanisms utilized by the department; and

Whereas, Neither the state constitution nor state law authorizes the Governor to issue transportation bonds; and

Whereas, The state of Michigan continues to make annual debt payments on transportation bonds first issued over 25 years ago, diminishing available funds for annual road projects; and

Whereas, With the issuance of new bonds, there could be even less available funding for state roads than there is today, due to 30 more years of annual debt payments to service the new bonds; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we call for the responsible use of the state’s transportation bonding authority; and be it further

Resolved, That it is the intent of the Legislature that the total amount of bonds and notes issued pursuant to MCL 247.668b for transportation purposes, described in the second paragraph of Article IX, Section 9 of the Constitution of the State of Michigan of 1963, shall not exceed an amount as will be serviced as to the maximum principal and interest requirements by a sum equal to 15% of the total of the amount of money received from taxes, the use of which is restricted by Article IX, Section 9, and which is deposited in the state treasury to the credit of the State Trunk Line Fund during the state fiscal year immediately preceding the issuance of the bonds or notes, unless the growth rate of taxes exceeds 25% from the previous fiscal year; and be it further

Resolved, That it is the intent of the Legislature not to increase future debt service appropriations above the levels authorized for Fiscal Year 2019-2020; and be it further

Resolved, That it is the intent of the Legislature not to authorize appropriations for debt service payments for bonds longer than 10 years; and be it further

Resolved, That we urge the State Transportation Commission to provide a copy of this resolution to all individuals and entities who seek to purchase transportation bonds; and be it further

Resolved, That copies of this resolution be transmitted to the members of the State Transportation Commission, the Director of the Michigan Department of Transportation, and the Governor.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

Senator MacGregor moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Stamas, McBroom, Horn, MacGregor, Daley, VanderWall and Schmidt introduced

Senate Bill No. 800, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2017 PA 124.

The bill was read a first and second time by title and referred to the Committee on Natural Resources.

House Bill No. 4396, entitled

A bill to amend 1925 PA 368, entitled “An act to prohibit obstructions and encroachments on public highways; to provide for the removal of obstructions and encroachments on public highways; to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies, broadband companies, and municipalities may enter upon, construct, and maintain telegraph, telephone, power, cable television, or broadband lines, pipe lines, wires, cables, poles, conduits, sewers, and like structures upon, over, across, or under public roads, bridges, streets, and waters; and to prescribe penalties and provide remedies,” by repealing section 19 (MCL 247.189).