No. 12

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Thursday, February 7, 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—present                                   McBroom—present                          VanderWall—present

Daley—present                                    McCann—present                            Victory—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—present                                   Moss—present                                 Zorn—excused

Hollier—present                                  Nesbitt—present                             


 

Pastor JD Howell of First Baptist Church of Bridgeport offered the following invocation:

Father, we thank You for this day. We thank You for the many blessings that You give to us. Lord, I thank You for these fine men and women, the Senators here this morning. Lord, I pray that You give them wisdom, Lord, as they strive and seek to protect, Lord, to preserve this great state and to help it prosper. Lord, I pray that You help them and guide this session this morning. Lord, we thank You for all the things You have done for us, for this great country; for our President, we pray for wisdom for him and his cabinet, Lord; the Legislature in Washington, D.C., and I pray that You bless them and give them wisdom. Lord, we thank You for all the families who serve this great country in our military. Lord, we thank You most of all though for Your Son Jesus and how he died for us.

Lord, we pray that we would honor You today in everything that is said and done. In Jesus’ name. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senators Shirkey and McBroom entered the Senate Chamber.

 

Senator MacGregor moved that Senator Zorn be excused from today’s session.

The motion prevailed.

 

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

The motion prevailed.

 

 

The following communication was received and read:

Office of the Senate Majority Leader

February 6, 2019

I respectfully request the Senate Committee on Oversight hold a hearing on Executive Order Number 2019-02 and report your findings to the Senate Government Operations Committee.

If you have any questions regarding this matter, please do not hesitate to contact me.

                                                                                       Sincerely,

                                                                                       Mike Shirkey

                                                                                       16th Senate District

                                                                                       Senate Majority Leader

The communication was referred to the Secretary for record.

 

Senator Geiss entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator MacGregor moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 10

Senate Resolution No. 11

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

 

 

Senator Johnson offered the following resolution:

Senate Resolution No. 10.

A resolution recognizing February 2019 as American Heart Month and February 1, 2019, as “Go Red for Women Day.”

Whereas, Cardiovascular diseases are the number one killer of women in the U.S.; and

Whereas, About 80 percent of cardiovascular diseases may be prevented; and

Whereas, Some risk factors such as blood pressure, smoking, cholesterol, and lack of regular physical activity can be controlled; and

Whereas, The American Heart Association’s Go Red for Women® movement motivates women to learn about their family history and to meet with a healthcare provider to determine their risk for cardiovascular diseases and stroke; and  

Whereas, “Go Red for Women” encourages women to take control of their heart health by knowing five numbers that can be life changing: 1. Total Cholesterol; 2. HDL (good) Cholesterol; 3. Blood Pressure; 4. Blood Sugar; 5. Body Mass Index (BMI); and

Whereas, The American Heart Association is celebrating February 2019 as American Heart Month and promoting education and awareness by encouraging citizens to learn the warning signs of a heart attack and stroke; now, therefore, be it

Resolved by the Senate, That we recognize February 2019 as American Heart Month and February 1, 2019, as “Go Red for Women Day”; and be it further

Resolved, That we also recognize the importance of the ongoing fight against heart disease and stroke and we urge all citizens to show their support for women and the fight against heart disease by commemorating this day by wearing the color red; and be it further

Resolved, That by increasing awareness, speaking out about heart disease, and empowering women to reduce their risk for cardiovascular disease and stroke, we can save thousands of lives each year.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Alexander, Ananich, Bizon, Brinks, Bullock, Daley, Horn, Lucido, MacDonald, MacGregor, Moss, Nesbitt, Polehanki, Runestad, Santana, Theis, VanderWall and Wojno were named co-sponsors of the resolution.

 

 

Senator Johnson’s statement is as follows:

With your permission, I’d like to speak on behalf of this resolution that affects all women. I’d like to take this opportunity to share with you the importance of heart health and ask for your support of Senate Resolution No. 10 which proclaims February 2019 as Heart Health Month and recognizes that Friday, February 1 was Go Red Day in the state of Michigan.

Cardiovascular disease is the No. 1 killer of women in the United States and 80 percent of all cardiovascular diseases can be prevented. It kills more women than all cancers combined. Therefore, it’s important to be aware of the various risk factors and how it can be prevented. Go Red for Women is a movement to encourage and empower women to take control of their heart health and help raise awareness by encouraging those around them to learn the warning signs of heart attack and stroke.

I ask my colleagues to join with me in raising awareness of the importance of heart health and supporting this resolution.

 

 

Senators Victory, Outman, Barrett, Daley, McBroom, Lauwers, Stamas, McCann, Brinks, Theis, LaSata, VanderWall and Schmidt offered the following resolution:

Senate Resolution No. 11.

A resolution to commemorate the 100th Anniversary of the founding of the Michigan Farm Bureau.

Whereas, February 4, 2019, marks 100 years of the Michigan Farm Bureau’s presence in the state of Michigan; and

Whereas, The origins of the Michigan Farm Bureau began in 1914 when President Woodrow Wilson signed the Smith-Lever Act which created the extension service; and

Whereas, This provided local agricultural agents from land-grant universities through a partnership with the United States Department of Agriculture. Before these agents could be approved, counties had to organize into local farmers bureaus to help direct the extension project; and

Whereas, Michigan organized a state federation of county Farm Bureaus in 1919, following Missouri, Massachusetts, and Vermont, who did so in 1915. The organization began when county extension agents and farmers from 57 counties throughout Michigan met at Michigan Agricultural College (now Michigan State University) to officially form what was then called the Michigan State Farm Bureau; and

Whereas, One month later, the newly formed Michigan State Farm Bureau adopted its mission statement, which read: “Its purposes are to unite under a definite head of all other farm organizations. The Farm Bureau should not be considered just another farmers’ organization added to the list but as THE ONE which may assist all others to better accomplish their purposes.”; and

Whereas, In 1944 the organization dropped the word “State” from its name to officially become the Michigan Farm Bureau; and

Whereas, Today, The Michigan Farm Bureau ensures the growth of Michigan food and farms, such as advocating for good government policy, developing opportunities for young farmers, providing student scholarships and grants, supporting local food efforts, creating food literacy programs for kids, hosting community building events and funding efforts to protect the environment, water quality, farmland preservation, and more; and

Whereas, The Michigan Farm Bureau is involved in numerous annual charitable contributions and volunteerism, including Michigan Easter Seals, Harvest for All, Future Farmers of America (FFA), 4-H, the Michigan Livestock Expo, and the Upper Peninsula State Fair, among many others; and

Whereas, Annually, Michigan Farm Bureau recognizes and honors its deserving Farm Bureau members and individuals from outside the organization for their contributions and achievements in supporting and advancing the state’s agriculture industry, including bestowing the Young Farmer Achievement Award, the Young Farmer Agricultural Employee Award, the Educator of the Year Award, and the Distinguished Service to Agriculture Award, among others; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate the 100th Anniversary of the founding of the Michigan Farm Bureau; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Farm Bureau as evidence of our esteem for being Michigan’s voice for agriculture over the last century.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Alexander, Ananich, Bizon, Bullock, Horn, Lucido, MacDonald, MacGregor, Nesbitt, Runestad, Santana and Wojno were named co-sponsors of the resolution.

 

 

House Concurrent Resolution No. 1.

A concurrent resolution to disapprove Executive Order No. 2019-02.

Whereas, Pursuant to Article V, Section 2 of the Constitution of the State of Michigan of 1963, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which she considers necessary for efficient administration; and

Whereas, On February 4, 2019, Governor Gretchen Whitmer issued Executive Order No. 2019-02 to establish the Department of Environment, Great Lakes, and Energy; prescribe for the administration of the Department of Environment, Great Lakes, and Energy; establish the Michigan Office of Administrative Hearings and Rules; and make transfers from the Department of Environmental Quality, Department of Licensing and Regulatory Affairs, Department of Natural Resources, and Department of Technology, Management and Budget; and

Whereas, The Legislature remains committed to and joins the Governor in ensuring the health and safety of Michigan’s citizens and families with an environment that is clean, energy needs that are met, and drinking water that is safe; and

Whereas, Pursuant to Article V, Section 2, the legislature may disapprove an executive order reorganizing the executive branch or making changes in the assignment of functions among its units, within 60 calendar days of a regular session, by a resolution concurred in by a majority of the members elected to and serving in each house; and

Whereas, Executive Order No. 2019-02 seeks to abolish the Environmental Rules Review Committee, Environmental Permit Review Commission, and Environmental Science Advisory Board created under Public Acts 267, 268, 269 of 2018; and

Whereas, It is the position of this Legislature that said entities created by legislation ought not be abolished by executive decree; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, pursuant to Article V, Section 2 of the Constitution of the State of Michigan of 1963, we disapprove Executive Order No. 2019-02; and be it further

Resolved, That copies of this resolution be transmitted to the Governor

The House of Representatives has adopted the concurrent resolution.

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 Oversight.

The motion prevailed.

Senators Horn, Lucido, MacGregor and VanderWall were named co-sponsors of the concurrent resolution.

 

 

Senate Concurrent Resolution No. 5.

A concurrent resolution providing for a joint convention of the Senate and House of Representatives.

(For text of resolution, see Senate Journal No. 10, p. 100.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

 

Introduction and Referral of Bills

 

 

Senator Lucido introduced

Senate Bill No. 90, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 3, and 11 of chapter XIIA (MCL 712A.1, 712A.3, and 712A.11), section 1 as amended by 2016 PA 496, section 3 as amended by 1996 PA 409, and section 11 as amended by 2016 PA 185.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

Senator MacDonald introduced

Senate Bill No. 91, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27a of chapter IV (MCL 764.27a), as amended by 1996 PA 254.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Santana, Irwin, Wojno, Alexander, Hollier, Bullock, Hertel, McMorrow and Moss introduced

Senate Bill No. 92, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA 31.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Chang, Santana, Irwin, Wojno, Alexander, Hollier, Bullock, Hertel, McMorrow and Moss introduced

Senate Bill No. 93, entitled

A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 2 (MCL 803.302), as amended by 1998 PA 517.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Irwin, Santana, Wojno, Alexander, Chang, Hollier, Bullock, Hertel, McMorrow and Moss introduced

Senate Bill No. 94, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Santana, Irwin, Wojno, Alexander, Chang, Hollier, Bullock, Hertel, McMorrow and Moss introduced

Senate Bill No. 95, entitled

A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 2 and 8 (MCL 722.822 and 722.828), section 2 as amended by 1996 PA 415.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Hollier, Santana, Irwin, Wojno, Alexander, Chang, Bullock, Hertel, McMorrow and Moss introduced

Senate Bill No. 96, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 139 (MCL 750.139), as amended by 1998 PA 510.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Hertel, Santana, Irwin, Wojno, Alexander, Chang, Hollier, Bullock, McMorrow and Moss introduced

Senate Bill No. 97, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 14, 15, 16, 18, and 18i of chapter XIIA (MCL 712A.14, 712A.15, 712A.16, 712A.18, and 712A.18i), section 14 as amended by 2012 PA 163, section 15 as amended by 1998 PA 474, section 16 as amended by 1998 PA 478, section 18 as amended by 2018 PA 58, and section 18i as added by 1996 PA 244.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators Bullock, Santana, Irwin, Wojno, Alexander, Hollier, Hertel, McMorrow and Moss introduced

Senate Bill No. 98, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27 of chapter IV (MCL 764.27), as amended by 1996 PA 418.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Johnson introduced

Senate Bill No. 99, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter IV (MCL 764.15b), as amended by 2001 PA 209.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

Senator Runestad introduced

Senate Bill No. 100, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2 and 2d of chapter XIIA (MCL 712A.2 and 712A.2d), section 2 as amended by 2018 PA 58 and section 2d as amended by 1998 PA 478.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Lucido introduced

Senate Bill No. 101, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2018 PA 244.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Santana introduced

Senate Bill No. 102, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 117i.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senators McCann, Irwin, McMorrow, Wojno, Moss, Hollier, Brinks, Bayer, Polehanki, Chang, Geiss, Ananich, Hertel, Bullock and Alexander introduced

Senate Bill No. 103, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32 and 45 (MCL 24.232 and 24.245), as amended by 2018 PA 602.

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

 

 

Senators Runestad, Irwin, Alexander, Lauwers and Lucido introduced

Senate Bill No. 104, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 11 (MCL 15.271).

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Statements

 

 

Senators Hollier, Nesbitt and Barrett asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hollier’s statement is as follows:

I wanted to introduce my daughter Lillian and bring up a point, and you’ll have to excuse me. I don’t think she’s a prop but I can’t put her down because she has a fever.

I wanted to bring her up and talk about this because as Senators, we have a unique opportunity in that when our kids are sick, we don’t have to take a day off from work, we don’t have to call in or find someone else, we can bring our munchkin with us, and too many working folks can’t do that same thing when their children are sick. Lillian had a fever yesterday and couldn’t go back to day care.

We have a number of folks who have had to stay at home and miss work and take time off that they don’t have because they don’t have paid time off because, as a state, we don’t take care of families, particularly mothers. So, as we all wear red, as we think about women, and as we think about our daughters and our families, I think it’s important that this year, we seek to address the issues with families because one day, whether we have a family or want a family, we’ll have to rely on people who were either raised by their parents because they could take the time or we’ll have to deal with people who couldn’t.

 

Senator Nesbitt’s statement is as follows:

On January 22, our country tragically lost Army Corporal Cole Wixom. Cole grew up in Southwest Michigan, raised by his parents Robyn and Richard. He participated in 4-H, played baseball in high school, graduated from Bloomingdale High School just a few short years ago, and married the love of his life, Abbi. Corporal Wixom served in the U.S. Army and completed a tour in Afghanistan. He was back home where his parents thought he was safe. He was sadly lost in a military accident in New Mexico just a few short weeks ago.

The sacrifice of our soldiers and their families is immense and for the Wixom family, they are having to endure the ultimate sacrifice. Soldiers put themselves in harm’s way for our country, for the security of each of us, and we are humbled and grateful for their service.

We honor Cole Wixom’s life, his dedication, care for others, and his sacrifice. Please pray for his family. Please pray for all the members of our military and their families, for safety; and when a tragedy occurs, for comfort, strength, and peace.

 

A moment of silence was observed in honor of Army Corporal Cole Wixom.

 

Senator Barrett’s statement is as follows:

I also would like to offer a memorial on behalf of Army Colonel Charles Kettles who was a Medal of Honor recipient and passed away at the end of January and was laid to rest last week while the Senate was not in session due to the inclement weather. I appreciate the Senator from the 18th District indulging my desire to offer this tribute today although he was from his district.

Colonel Kettles was a helicopter pilot in the Army who served our country during the Korean War and then actually left the military, continued as reserve service, and lived in my district for a period of time. Then, as the Vietnam War progressed, he volunteered for service and having flight training already, was cross-trained as a helicopter pilot and was assigned to the 101st Airborne Division and flew a number of flight hours in Vietnam.

Most impressive of his accomplishments was the battle he supported in May 1967, evacuating more than 40 soldiers who were under intense enemy fire, returning to the battlefield multiple times. There were aircraft destroyed along the way. He had an aircraft that was leaking fuel which, as you could imagine, is a tremendous risk when flying. He conducted this operation at great risk to himself. They evacuated a number of soldiers and then, on their way back to their base, he was notified that eight other soldiers had not been able to reach the evacuation site. With no covering fire whatsoever and no support aircraft, he returned to the battlefield to rescue the remaining soldiers. His aircraft was nearly destroyed in the process—both windshields were completely blown out; the chin bubble was destroyed by machine gun fire; and there was a mortar that damaged the main rotor, the tail rotor, and the tail boom of the aircraft. I have no idea how he was able to continue to fly the aircraft at all but he safely evacuated those soldiers.

I had an opportunity to meet Colonel Kettles a couple of years ago. He was a really impressive man and very humble about his accomplishments. They asked him years later—he was awarded the Medal of Honor about 49 years after he returned by President Obama—about this and he said that’s just how he thought war was. He didn’t think it was a significant accomplishment and, really, it was a tremendous achievement and a tremendous accomplishment. He said to him the most important part was not winning the Medal of Honor, it was, “We got the 44 out. None of those names appear on the wall in Washington. There’s nothing more important than that.” I think that summarizes the gravity of his accomplishments.

I wanted to memorialize our loss as a state and our loss as a country and thank him and his family for his contributions to our country. Again, he was laid to rest on the 31st of January, last week.

 

A moment of silence was observed in memory of U.S. Army Lieutenant Colonel Charles S. Kettles, Medal of Honor recipient.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Wednesday, February 6, and are available on the Michigan Legislature website:

Senate Bill Nos.        87      88      89

House Bill Nos.     4129   4130   4131   4132  4133   4134   4135   4136   4137  4138   4139   4140 4141       4142        4143        4144        4145        4146                               4147   4148   4149   4150  4151   4152   4153   4154   4155  4156   4157   4158 4159

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Insurance and Banking submitted the following:

Meeting held on Wednesday, February 6, 2019, at 8:30 a.m., Room 1100, Binsfeld Office Building

Present: Senators Theis (C), Lauwers, LaSata, Nesbitt, Daley, Barrett, Geiss and Bullock

Excused: Senators Horn and McMorrow

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, February 6, 2019, at 12:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Runestad (C), Nesbitt, Daley, Bumstead, Chang and Alexander

Excused: Senator VanderWall

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Advice and Consent submitted the following:

Meeting held on Wednesday, February 6, 2019, at 3:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators Lucido (C), LaSata, Nesbitt, McBroom and Hertel

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Families, Seniors, and Veterans submitted the following:

Meeting held on Wednesday, February 6, 2019, at 4:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Bizon (C), Barrett, Runestad, Johnson, Bullock and Alexander

 

 

Scheduled Meetings

 

 

Michigan State Capitol Commission - Monday, February 11, 11:00 a.m., Room H-65, Capitol Building (517) 373-0184

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 10:23 a.m.

 

The President, Lieutenant Governor Gilchrist declared the Senate adjourned until Tuesday, February 12, 2019, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate