STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

Senate Chamber, Lansing, Tuesday, February 25, 2020.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Aric Nesbitt.

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

Imam Abdullah al-Mahmudi of the Muslim Community Association of Ann Arbor offered the following invocation:

In the name of God, the Most Gracious, the Most Merciful. Dear God, You are the lord of the heavens and the earth and everything in-between them. You are the light, the maintainer, and the sustainer, so we thank You and we praise You. All praise belongs to You, O Lord, for all the blessings You have bestowed upon us—those that we acknowledge daily and those that we have failed to remember and take for granted. O Lord, we submit to You, we believe in You, we depend on You, we rely on You, we repent to You, and we refer to You.

O Merciful One, You are the most compassionate of those who show mercy, the most humane of those who ask, and the most generous of those who give. We ask You to guide us. Grant us health. Protect us and our families. We thank You for our faith, our nation, our families, our communities, our ability to serve, and our wealth. We are all in service to humanity; teach us what we do not know and remind us what we have forgotten. Allow us to use our knowledge and experience to benefit this world.

O Lord, make us such that we find strength through selflessness, not selfishness—through sincerity, not self-centeredness. Grant us the courage to stand again after we have fallen—to find meaning in our failures, and to keep moving forward no matter what may try to push us down. Award us the courage to live our own lives and shape our own destinies—to understand our role and the writing of our own stories. Allow us to make decisions with foresight and insight. Allow our communities to love Your creation through us, be gentle to them through us, increase them in strength through us, give them courage through us, help them grow through us, endow them with confidence through us, fill them with sincerity through us, protect them through us, and through us: bring good and benefit to this world. O more merciful than those who show mercy, let our strength and anger be used only to combat injustice, oppression, and the exploitation of people, so that we continue to work for justice, equality, and peace. Let our tears be shed only for those who suffer pain, rejection, starvation, and conflict, inspiring us to reach out to those who suffer with our open hands and tender hearts, providing both comfort and resources to them, changing their pains into joys.

O most generous one, let our successes and our victories be abundant, as we work together to make a difference in our world by doing what others say cannot be done.

The President pro tempore, Senator Nesbitt, 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.

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

The motion prevailed.

Senator Shirkey entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

February 20, 2020

Enclosed is a copy of the following reports:

• Report on Internal Control, Compliance, and Other Matters for the Michigan State Employees’ Retirement System, Fiscal Year Ended September 30, 2019 (071-0151-20).

• Report on Internal Control, Compliance, and Other Matters for the Michigan Strategic Fund, Fiscal Year Ended September 30, 2019 (186-0401-20).

• Report on Internal Control, Compliance, and Other Matters for the Michigan Economic Development Corporation, Fiscal Year Ended September 30, 2019 (186-0406-20).

Sincerely,

Doug Ringler

Auditor General

The audit reports were referred to the Committee on Oversight.

The following communications were received:

Domestic and Sexual Violence Prevention and Treatment Board

February 14, 2020

As per the Child Advocacy Center Act, Public Act 544 of 2008, the Michigan Domestic and Sexual Violence Prevention and Treatment Board is required to “provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives.”

Attached please find a Statement of Revenues, Expenditures and Changes in Fund Balances through year end September 30, 2018. Per the legislation, this annual audit report is due by February 1 but is late due to the delay in the state closing the books.

Please feel free to contact me of any additional information or questions. My direct line is (517) 241-5114. Thank you.

February 19, 2020

Attached please find a revised Statement of Revenues, Expenditures and Changes in Fund Balances through year end September 30, 2018. The revision is to footnote c. there were 28 not 29 centers funded in FY 2019.

Please feel free to contact me of any additional information or questions. My direct line is (517) 241-5114. Thank you.

Sincerely,

Debi Cain

Executive Director

The communications were referred to the Secretary for record.

Senator Ananich entered the Senate Chamber.

Messages from the Governor

The following message from the Governor was received on February 21, 2020 and read:

EXECUTIVE ORDER

No. 2020-1

Prescription Drug Task Force

Department of Health and Human Services

Over the past six years, the average price of drugs prescribed to treat diabetes, heart disease, depression, and other common conditions has more than doubled. These prices are set with little transparency but with tremendous consequence. Many of the problems Michiganders face in health care are the result of the skyrocketing costs of prescription drugs – from plans that are too expensive, to deductibles that are too high, to vital medications too expensive for many people who need them.

No one should ever have to worry about choosing between filling a life-saving prescription or paying rent. But that worry is increasingly the reality. Michigan urgently needs solutions to this problem, and leaders must act quickly and cooperatively to find them.

The health and well-being of this state and its residents, communities, and businesses would benefit from a task force devoted to bringing transparency and affordability to the pricing of prescription drugs.

Section 51 of article 4 of the Michigan Constitution of 1963 declares the public health and general welfare of the people of the State of Michigan as matters of primary public concern.

Section 8 of article 5 of the Michigan Constitution of 1963 places each principal department of state government under the supervision of the governor unless otherwise provided.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 8 of article 5 of the Michigan Constitution of 1963 obligates the governor to take care that the laws be faithfully executed.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. Creating the Prescription Drug Task Force

(a) The Prescription Drug Task Force (“Task Force”) is created as an advisory body within the Department of Health and Human Services (“Department”).

(b) The Task Force must include the following members from the executive branch of state government appointed by the governor:

(1) The director of the Department and a designee of the director from within the Department; or two designees of the director from within the Department.

(2) The director of the Department of Insurance and Financial Services, or the director’s designee from within that department.

(3) The director of the Department of Licensing and Regulatory Affairs, or the director’s designee from within that department.

(c) The following officers of the legislative branch of state government may also participate as members of the Task Force:

(1) Three members of the Michigan House of Representatives designated by the governor.

(2) Two members of the Michigan Senate designated by the governor.

(d) Members of the Task Force are ex officio members and serve at the pleasure of the governor.

(e) A vacancy on the Task Force must be filled in the same manner as the original appointment.

2. Charge to the Task Force

(a) The Task Force must act in an advisory capacity to the governor and must do the following:

(1) Analyze the scope and causes of the problem of high-cost prescription drugs in Michigan and the impact of this problem on this state’s residents, communities, and businesses.

(2) Analyze the way prescription drug prices are set in Michigan and identify strategies for increasing the transparency of that process.

(3) Recommend legislative and administrative actions that can be taken, and policy-related changes that can be implemented by governmental and non-governmental agencies, relevant to lowering prescription drug prices for consumers in Michigan.

(4) Recommend legislative and administrative actions that can be taken, and policy-related changes that can be implemented by governmental and non-governmental agencies, relevant to increasing transparency in the pricing of prescription drugs in Michigan.

(5) Provide other information or advice or take other actions as requested by the governor.

(b) The Task Force must complete its work and submit a final report to the governor detailing its findings and recommendations by August 15, 2020.

3. Operations of the Task Force

(a) The Department must assist the Task Force in the performance of its duties and provide personnel to staff the Task Force. The budgeting, procurement, and related management functions of the Task Force must be performed under the direction and supervision of the director of the Department.

(b) The Task Force must adopt procedures, consistent with this order and applicable law, governing its organization and operations.

(d) The director of the Department, or the director’s designee from within the Department, must serve as the chairperson of the Task Force.

(e) The Task Force may select from among its members a vice chairperson.

(f) The Task Force may select from among its members a secretary. Task Force staff must assist the secretary with recordkeeping responsibilities.

(g) The Task Force must meet at the call of its chairperson and as otherwise provided in the procedures adopted by the Task Force.

(h) A majority of the members of the Task Force serving constitutes a quorum for the transaction of the business of the Task Force. The Task Force must act by a majority vote of its members.

(i) The Task Force may establish advisory workgroups composed of individuals or entities participating in Task Force activities or other members of the public as deemed necessary by the Task Force to assist it in performing its duties and responsibilities. The Task Force may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

(j) The Task Force may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public. The Task Force also may consult with outside experts in order to perform its duties, including experts in the private sector, organized labor, government agencies, and at institutions of higher education.

(k) The Task Force may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties as the director of the Department deems advisable and necessary, consistent with this order and applicable law, rules, and procedures, and subject to available funding.

(l) The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used in accordance with law.

(m) Members of the Task Force must not receive additional compensation for participation on the Task Force. Members of the Task Force may receive reimbursement for necessary travel and expenses consistent with applicable law, rules, and procedures, and subject to available funding.

(n) Members of the Task Force must refer all legal, legislative, and media contacts to the Department.

(o) The Task Force will dissolve 90 days after issuance of its final report.

4. Implementation

(a) All departments, committees, commissioners, or officers of this state must give to the Task Force, or to any member or representative of the Task Force, any necessary assistance required by the Task Force, or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with their duties and consistent with this order and applicable law. Free access also must be given to any books, records, or documents in their custody relating to matters within the scope of inquiry, study, or review of the Task Force, consistent with applicable law.

(b) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.

(c) Nothing in this order should be construed to change the organization of the executive branch of state government or the assignment of functions among its units, in a manner requiring the force of law.

(d) If any portion of this order is found to be unenforceable, the rest of the order remains in effect.

(e) This order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan.

Date: February 21, 2020

Gretchen Whitmer

[SEAL] Governor

By the Governor:

Jocelyn Benson

Secretary of State

The executive order was referred to the Committee on Government Operations

The following message from the Governor was received and read:

February 24, 2020

I am writing to inform you of my withdrawal of the following appointment submitted to your office on February 7, 2020 pursuant to Public Act 26 of 1969, MCL 390.392:

Lake Superior State University Board of Trustees

Honorable Jennifer Lynn-McLeod Tyson of 8900 S. Willow Lane, Sault Sainte Marie, Michigan 49783, county of Chippewa, succeeding Rodney Nelson whose term has expired, appointed for a term commencing February 7, 2020 and expiring January 27, 2028.

Respectfully,

Gretchen Whitmer

Governor

The message was referred to the Committee on Advice and Consent.

Recess

Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:09 a.m.

10:48 a.m.

The Senate was called to order by the President pro tempore, Senator Nesbitt.

Senator MacGregor moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 669

Senate Bill No. 671

Senate Bill No. 672

Senate Bill No. 673

Senate Bill No. 674

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

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 pro tempore, Senator Nesbitt, designated Senator Theis as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4712, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 421 (MCL 750.421).

House Bill No. 4713, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16u of chapter XVII (MCL 777.16u), as amended by 2000 PA 279.

House Bill No. 5103, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3203 and 3204 (MCL 700.3203 and 700.3204), as amended by 2018 PA 13.

Senate Bill No. 672, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.

Senate Bill No. 673, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c and 137 (MCL 330.1100c and 330.1137), section 100c as amended by 2016 PA 320 and section 137 as amended by 2015 PA 59, and by adding section 137a.

The bills were 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. 692, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 125 (MCL 125.525), as amended by 2016 PA 14.

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.

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

Senate Bill No. 669, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20145, 22201, 22203, 22207, 22208, 22209, 22215, 22221, and 22227 (MCL 333.20145, 333.22201, 333.22203, 333.22207, 333.22208, 333.22209, 333.22215, 333.22221, and 333.22227), section 20145 as amended by 2015 PA 104, section 22201 as added by 1988 PA 332, sections 22203, 22207, 22209, 22215, and 22221 as amended by 2002 PA 619, section 22208 as amended by 2011 PA 51, and section 22227 as amended by 1993 PA 88.

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.

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

Senate Bill No. 671, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 22211 and 22215 (MCL 333.22211 and 333.22215), section 22211 as amended by 2014 PA 107 and section 22215 as amended by 2002 PA 619.

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.

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

Senate Bill No. 674, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.

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, Polehanki and Ananich offered the following resolution:

Senate Resolution No. 102.

A resolution to recognize February 24-28, 2020, as Public Schools Week.

Whereas, 90 percent of American children attend public schools; and

Whereas, Each public school prepares young people to contribute to our society and economy; and

Whereas, Public education is the foundation of 21st century democracy; and

Whereas, Public schools are where students come to be educated as citizens of the United States; and

Whereas, Lawmakers should prioritize support for strengthening public schools and empower local education leaders to implement, manage, and lead school districts in partnership with educators, parents, and other local education stakeholders and learning communities; and

Whereas, Lawmakers should support necessities such as counseling, extracurricular activities, and mental health support; and

Whereas, Inclusive and safe, high-quality public schools are where children learn to think critically, problem solve, and build relationships; and

Whereas, Public schools provide an environment where all students can succeed, beginning in their earliest years and regardless of their background; and

Whereas, Every child has the right to a high-quality education that helps them reach their full potential; and

Whereas, Every student in the United States should have stable, equitable, predictable, and adequate funding to ensure welcoming classrooms, school libraries with up-to-date resources, and well-prepared and supported educators; and

Whereas, Educators include teachers, paraprofessionals, and principals who provide a well-rounded, complete curriculum and create joy in learning; and

Whereas, Our nation’s school buildings should have class sizes small enough to allow students to receive one-on-one attention; and

Whereas, Public schools should have access to support services including health care, nutrition, and after-school programs; and

Whereas, Parents and communities are working hard to improve educational outcomes for children across the United States; and

Whereas, Students, teachers, and professionals make public schools vital components of the community; now, therefore, be it

Resolved by the Senate, That we recognize February 24-28, 2020, as Public Schools Week; and be it further

Resolved, That we call upon Michiganders to support efforts to advance equity, continuously improve, and excel in public education.

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.

Senators Brinks, Moss, Santana and Wojno were named co-sponsors of the resolution.

Senator Geiss asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Geiss’ statement is as follows:

Colleagues, I ask you to join me in supporting Senate Resolution No. 102 to recognize this week, February 24-28, as Public Schools Week in the state of Michigan.

So many of us in this chamber have benefitted from the education that we received in public schools. So many of our children have benefitted or are benefitting from the education that they are receiving in our public schools. There are many people that we know—professionals from across every sphere of industry and from every level—who are the recipients of the excellent work of education and preparedness for career, university, or whatever it is that people end up doing in their adult lives. The meandering paths they might take in their professional lives are due to the skills and preparation that our public school teachers, administrators, and support staff provide to young students.

Hopefully you will all join me in recognizing this week.

Senator Barrett offered the following resolution:

Senate Resolution No. 103.

A resolution to recognize February 25, 2020, as Cochlear Implant Day.

Whereas, Cochlear implants can greatly improve the quality of life for individuals who have severe hearing loss; and

Whereas, In 1961, Cochlear implants were first surgically implanted by Doctors House and Doyle in Los Angeles, California; and

Whereas, Both adults and children who have severe to profound hearing loss are able to receive cochlear implants. These individuals are not typically helped by hearing aids and need the implant to properly hear the world around them; and

Whereas, Trained ear, nose, and throat doctors work with audiologists, psychologists, counselors, and speech-language pathologists to determine the best course of action and treatment for individuals who may need a cochlear implant. This team can help an individual through the entire process from first consult to audiologic rehabilitation after surgery; and

Whereas, Cochlear implants help when hearing aids cannot. When bypassing damaged portions of the ear, the implants directly stimulate the auditory nerve. Hearing through the implant can take time to get used to, so months of therapy are typical for recipients of the implant; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize February 25, 2020, as Cochlear Implant Day.

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.

Senators Brinks, Geiss, Moss, Santana and Wojno were named co-sponsors of the resolution.

Senator Barrett asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Barrett’s statement is as follows:

I wanted to bring your attention to this important issue today, recognizing February 25 as Cochlear Implant Day.

Cochlear implants are lifechanging devices that are really a great advancement in medical technology that can enhance peoples’ quality of life. Over 400,000 individuals across the world have cochlear implants. Both adults and children are able to benefit from this technology. They are used when hearing aids are not effective by stimulating the auditory nerve inside of the brain.

With me today up in the Gallery is Kara Merignac and her friend Brendan Webber. Kara was born hearing but started to lose her hearing at only six months old. She received her first cochlear implant when she was four. She is scheduled to receive her second cochlear implant in just a few days on March 6. She is an advocate for herself and other kids like her who have hearing loss and have a cochlear implant. She educates her classmates by having an in-service, where she teaches her fellow students about hearing loss and how her hearing devices have helped her. Her goal is to educate others on hearing loss and how it affect someone’s day-to-day life.

With Kara is her friend Brendan Webber, who also has hearing loss and has two cochlear implants .They have been friends since preschool and they went to preschool together at a school program for kids with hearing loss.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

House Bill No. 5341, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 407 (MCL 436.1407).