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
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,
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.
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,
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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