No. 9

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, January 29, 2019.

 

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容xcused Horn用resent Outman用resent

Ananich容xcused Irwin用resent Polehanki用resent

Barrett用resent Johnson用resent Runestad用resent

Bayer用resent LaSata用resent Santana用resent

Bizon用resent Lauwers用resent Schmidt用resent

Brinks用resent Lucido用resent Shirkey用resent

Bullock容xcused MacDonald用resent Stamas用resent

Bumstead用resent MacGregor用resent Theis用resent

Chang用resent McBroom容xcused VanderWall用resent

Daley用resent McCann用resent Victory用resent

Geiss用resent McMorrow用resent Wojno用resent

Hertel用resent Moss用resent Zorn用resent

Hollier用resent Nesbitt用resent


 

Senator Mike Shirkey of the 16th District offered the following invocation:

Heavenly Father, we thank You for this glorious day. Yes, we chuckle on occasion at the kinds of things You send our way and it just reminds us of the wonder and the beauty of not knowing what You池e going to send us from one day to the next. We thank You for the opportunity to serve in this capacity, both staff and support personnel and, of course, my colleagues here in the Senate. We ask that You be present today. Make Yourself and Your Holy Spirit especially present as we consider and do the things that are consistent with Your will in our lives and for the state of Michigan.

May this day be a blessing to You, Lord; may this day be a blessing to You. Guide our thoughts and our words, guard our hearts from this world. May this day be a blessing, may our work be a blessing, may our lives be a blessing to You.

And all God痴 people said, Amen.

 

The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Outman entered the Senate Chamber.

 

 

Senator MacGregor moved that Senators Schmidt and Runestad be temporarily excused from today痴 session.

The motion prevailed.

 

 

Senator MacGregor moved that Senator McBroom be excused from today痴 session.

The motion prevailed.

 

 

Senator Chang moved that Senators Hollier, Santana, Geiss, Polehanki, Moss and Irwin be temporarily excused from today痴 session.

The motion prevailed.

 

 

Senator Chang moved that Senators Ananich, Alexander and Bullock be excused from today痴 session.

The motion prevailed.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received and read:

January 25, 2019

I respectfully submit to the Senate, pursuant to Section 213 of Act 317 of 1969, codified at MCL 418.218, and Executive Orders 2009-53 and 2011-4, please be advised of the following appointments and reappointments to office:

Workers Compensation Board of Magistrates

Mr. David DeGraw, a Republican, of 1110 Northwood, N.E., Grand Rapids, Michigan 49505, county of Kent, succeeding Beatrice Logan whose term has expired, is appointed for a term commencing January 27, 2019 and expiring January 26, 2023.

Mr. Michael Heck, a Democrat, of 3513 Shewood Drive, Troy, Michigan 48083, county of Oakland, succeeding Lisa Klaeren whose term has expired, is appointed for a term commencing January 27, 2019 and expiring January 26, 2023.

Mr. Phillip Della Santina, a Democrat, of 3116 Ridley Way, Howell, Michigan 48843, county of Livingston, succeeding Bryan Boyle whose term has expired, is appointed for a term commencing January 27, 2019 and expiring January 26, 2023.

Mr. Emil Louis Ognisanti, a Republican, of 625 Westfield Drive, Saginaw, Michigan 48602, county of Saginaw, is reappointed for a term expiring January 26, 2023.

Mr. Chris Slater, a Republican, of 1695 Flowers Mill Drive, N.E., Grand Rapids, Michigan 49525, county of Kent, is reappointed for a term expiring January 26, 2023.

Mr. Luke McMurray, a Democrat, of 4197 East Cook Road, Grand Blanc, Michigan 48439, county of Genesee, is reappointed for a term expiring January 26, 2023.

Mr. David Grunewald, a Democrat, of 1111 Torrey Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, is reappointed for a term expiring January 26, 2023.

January 25, 2019

I respectfully submit to the Senate, pursuant Section 7 of Article 2 of the State of Michigan Constitution of 1963, please be advised of the following reappointments to office:

Board of State Canvassers

Mr. Norman Shinkle, a Republican, of 2683 Donna Drive, Williamston, Michigan 48895, county of Ingham, is reappointed for a term commencing February 1, 2019 and expiring January 31, 2023.

Ms. Julie Matuzak, a Democrat, of 84 Lodewyck Street, Mount Clemens, Michigan 48034, county of Macomb, is reappointed for a term commencing February 1, 2019 and expiring January 31, 2023.

Respectfully,

Gretchen Whitmer

Governor

The appointments were 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 10:05 a.m.

10:51 a.m.

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

 

 

During the recess, Senators Santana, Moss, Runestad, Schmidt, Hollier, Polehanki, Irwin and Geiss entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

The following communication was received and read:

Office of the Senate Majority Leader

January 29, 2019

Pursuant to Senate Rule 1.105 I hereby announce the appointment of Senators to statutory committees for this the 100th Legislature.

Legislative Council - Senators Shirkey (C), Stamas, Schmidt, Horn, Ananich and Chang.

Alternates: Senators Bizon, MacDonald and Moss.

Legislative Retirement Board of Trustees - Senators Stamas and Wojno.

Library of Michigan Board of Trustees - Senator Victory.

Michigan Commission on Uniform State Laws - Senators Lucido and Irwin.

Michigan Law Revision Commission - Senators Lucido and Chang.

Senate Fiscal Agency Governing Board - Senators Shirkey (C), Stamas, Bumstead, Ananich and Hertel.

Michigan Council on Future Mobility - Senators LaSata and Hollier.

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.

 

 

The following communication was received and read:

Office of Senator Jim Stamas

January 24, 2019

Pursuant to M.C.L. 4.1501, I hereby appoint the following Senators to the Michigan Senate Fiscal Agency Governing Board:

Senator Jon Bumstead.

Senator Curtis Hertel Jr.

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

Sincerely,

Sen. Jim Stamas, Chair

Senate Appropriations Committee

The communication was referred to the Secretary for record.

 

 

Introduction and Referral of Bills

 

 

Senators Wojno, Moss, Hertel, Chang, Alexander, Outman, Bullock, Geiss, McMorrow and Polehanki introduced

Senate Bill No. 68, entitled

A bill to amend 1961 PA 236, entitled 迭evised judicature act of 1961, by amending sections 6431 and 6452 (MCL 600.6431 and 600.6452).

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

 

 

Senators Wojno, Moss, Hertel, Chang, Alexander, Outman, Bullock, Geiss, McMorrow, Polehanki and Bayer introduced

Senate Bill No. 69, entitled

A bill to amend 2016 PA 343, entitled 展rongful imprisonment compensation act, by amending section 7 (MCL 691.1757).

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

 

 

Senators Johnson, Hollier, Irwin, Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer and Daley introduced

Senate Bill No. 70, entitled

A bill to create the address confidentiality program; to provide certain protections for victims of domestic violence, sexual assault, stalking, or human trafficking; to prescribe duties and responsibilities of certain state departments; to require the promulgation of rules; to create a fund; to prohibit the disclosure of certain information and obtaining a certification under this act by fraud; and to prescribe penalties.

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

 

 

Senators Barrett, Johnson, Hollier, Irwin, Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer and Daley introduced

Senate Bill No. 71, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending sections 509q, 758, 759, and 761 (MCL 168.509q, 168.758, 168.759, and 168.761), section 509q as amended by 2012 PA 586, section 758 as amended by 1996 PA 207, section 759 as amended by 2012 PA 523, and section 761 as amended by 2018 PA 129, and by adding sections 499b and 735a.

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

 

 

Senators Johnson, Hollier, Irwin, Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced

Senate Bill No. 72, entitled

A bill to amend 1976 PA 451, entitled 典he revised school code, by amending section 1136 (MCL 380.1136), as added by 2016 PA 367.

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

 

 

Senators Chang, Johnson, Hollier, Irwin, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced

Senate Bill No. 73, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending sections 40b, 307, 310, and 314 (MCL 257.40b, 257.307, 257.310, and 257.314), section 40b as amended by 2012 PA 498, sections 307 and 310 as amended by 2018 PA 177, and section 314 as amended by 2011 PA 159, and by adding section 310f.

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

 

 

Senators Geiss, Johnson, Hollier, Irwin, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer and Daley introduced

Senate Bill No. 74, entitled

A bill to amend 2008 PA 23, entitled 摘nhanced driver license and enhanced official state personal identification card act, by amending section 4 (MCL 28.304), as amended by 2018 PA 47.

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

Senators Theis, Johnson, Hollier, Irwin, Chang, Wojno, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced

Senate Bill No. 75, entitled

A bill to amend 1972 PA 222, entitled 鄭n act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes, by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), sections 1 and 2 as amended by 2018 PA 176 and section 1a as amended by 2008 PA 31, and by adding section 2a.

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

 

 

Senators LaSata, Johnson, Hollier, Irwin, Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced

Senate Bill No. 76, entitled

A bill to amend 1961 PA 236, entitled 迭evised judicature act of 1961, by amending sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as amended by 2000 PA 112 and section 1307a as amended by 2012 PA 69.

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

 

 

Senators Runestad, Lucido, Johnson and Horn introduced

Senate Bill No. 77, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 20199 (MCL 333.20199) and by adding section 21788.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senators Wojno, Hertel, Alexander, Hollier, McMorrow, Bullock, Geiss, Polehanki and Chang introduced

Senate Bill No. 78, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending sections 560, 568, 706, 736b, 736c, 736d, 736e, 736g, 764, and 764a (MCL 168.560, 168.568, 168.706, 168.736b, 168.736c, 168.736d, 168.736e, 168.736g, 168.764, and 168.764a), sections 560, 568, 706, and 764a as amended and sections 736g and 764 as added by 2012 PA 128 and sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190.

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

 

 

Senators Wojno, Hertel, Hollier, McMorrow, Bullock, Geiss, Polehanki and Chang introduced

Senate Bill No. 79, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending section 759a (MCL 168.759a), as amended by 2012 PA 523.

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

 

 

Statements

 

 

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

The motion prevailed.

Senator Hollier痴 statement is as follows:

We lost a member of our family. Joy Brickerson, who was a Senate staffer in the 2nd Senate District and served here for about two years, passed early last week of Lupus. She was very young in her 20s.

Many of you may not know what Lupus is and you would not be in a small majority, about 74 percent of people don稚 know or have never heard of Lupus. It disproportionately affects black women and particularly women of color. Being almost three and half times more likely to affect black women than non-black women.

This is somebody who spent her very short life serving us. Right out of school she decided to come intern in the Legislature. She got a full-time job where she focused on serving constituents much like all of your staff. She was the type of person that when people called the office they didn稚 call looking for the Senator or for other people, they called asking for Joy, not always for something that was bothering them, but to call back and say, 典hank you. If any of you have ever answered the phone in your office, the amount of thank yous that you get is very small, but that was almost half the calls she got because she made it really matter with people, she made a personal connection, and she called to check in. When she helped constituents, she knew them, they knew her, and she followed up.

She left for a time here at the Senate and was in law school. While in law school, while working part time, she also interned with Judge Denise Page Hood who is the chair of the Federal Circuit in Detroit, and she continued the work that she did. The experiences that she had working in the Legislature led her to a career in law where she could help people who called every day and were without help. Knowing that their problems were bigger than the solutions that she had, she committed to doing better for those folks.

I just ask that you all think about her this week as you respond to constituents, and as you get phone calls you try to channel a little bit of her, because when Joy answered the phone, you felt like somebody cared and it mattered. This week her family is trying to deal with the loss of somebody who not only can稚 be replaced, but it痴 hard to be sad when you think about her. Somebody who was always there, who was always happy, and she tried to make you that way.

 

A moment of silence was observed in memory of Joy Brickerson, former Senate employee.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills, joint resolution, and resolutions were printed and filed on Thursday, January 24, and are available on the Michigan Legislature website:

Senate Bill Nos. 59 60 61 62 63 64 65 66 67

Senate Resolution Nos. 7 8

House Bill Nos. 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095

House Joint Resolutio n C

 

 

Committee Reports

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 2, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 7523 (MCL 333.7523), as amended by 2016 PA 418, and by adding section 7521a.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Peter J. Lucido

Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Thursday, January 24, 2019, at 8:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

 

 

Scheduled Meetings

 

 

Advice and Consent - Wednesday, January 30, 4:00 p.m., Room 1100, Binsfeld Office Building and Thursday, January 31, 12:00 noon, Room 1300, Binsfeld Office Building (373-5312)

 

Agriculture - Thursday, January 31, 8:30 a.m., Room 1200, Binsfeld Office Building (373-5314)

 

Criminal Justice Policy Commission - Wednesday, February 6, 9:00 a.m., Senate Hearing Room, 1st Floor, Boji Tower (373-0212)

Families, Seniors, and Veterans - Wednesday, January 30, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-1721)

 

Insurance and Banking - Wednesday, January 30 (CANCELED) and Wednesday, February 6, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5314)

 

Judiciary and Public Safety - Thursday, January 31, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312)

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 11:01 a.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Wednesday, January 30, 2019, at 10:00 a.m.

 

MARGARET O達RIEN

Secretary of the Senate