STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, February 19, 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—present
Hollier—present Nesbitt—present
Pastor Chuck
Lane of Maple Grove Baptist Church of Jackson offered the following invocation:
Our
heavenly Father, thank You for this day. Thank You for the beauty that we see.
Thank You for this time that You have given us to be leaders in our state.
Lord, I pray for the men and women who are here. I beg You, dear God, give them
the wisdom and the understanding that they need to do this difficult task. I
pray for Thy grace to be upon them and give them understanding. I pray, Lord,
also for the demands on their time. I know, dear God, how busy they are with
family, so I pray that You would help them to balance their lives. I pray that
the discussions that are held in this chamber would bring honor and glory to
You.
It’s been
a wonderful state to rear children, to have our families, we thank You for it.
We ask You for Thy continued favor to be upon this state of Michigan. Use these
people as Thy servants.
I pray 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
The
following communications were received and read:
Office of
the Senate Majority Leader
February 15, 2019
Pursuant to MCL 333.20915, I appoint
the following person to the Emergency
Medical Services Coordination Commission.
Senator
John Bizon, M.D.
February 15, 2019
Pursuant to MCL 3.1022, I appoint
the following individuals to the Midwest
Interstate Passenger Rail Commission.
Senator
Wayne Schmidt
Alternate:
Senator Roger Victory
February 15, 2019
Pursuant to MCL 388.1699s, I appoint
the following individuals to the MiSTEM
Advisory Council.
Senator
Dale Zorn (R)
Senator
Dayna Polehanki (D)
February 15, 2019
Pursuant to MCL 333.2612, I appoint
the following individuals to the Michigan
Center for Rural Health Board of Directors.
Senator
Curt VanderWall
February 15, 2019
Pursuant to MCL 205.813, I appoint
the following person to the Streamlined
Sales and Use Tax Governing Board.
David Zin
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The
communications were referred to the Secretary for record.
The
following communications were received:
Department
of State
Administrative Rules
Notices of Filing
January 10, 2019
In accordance with the requirements
of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Office
of Regulatory Reinvention filed Administrative Rule #2018-025-LR (Secretary of
State Filing #19-01-01) on this date at 3:57 p.m. for the Department of
Licensing and Regulatory Affairs entitled, “Accountancy - General Rules.”
These rules
take effect immediately upon filing with the Secretary of State unless adopted
under sections 33, 44, or
45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7
days after filing with the Secretary of State.
January 10, 2019
In accordance with the requirements
of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Office
of Regulatory Reinvention filed Administrative Rule #2017-094-LR (Secretary of
State Filing #19-01-02) on this date at 3:57 p.m. for the Department of
Licensing and Regulatory Affairs entitled, “Social Work - General Rules.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 10, 2019
In accordance with the requirements
of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Office
of Regulatory Reinvention filed Administrative Rule #2017-086-LR (Secretary of
State Filing #19-01-03) on this date at 3:56 p.m. for the Department of
Licensing and Regulatory Affairs entitled, “Massage Therapy – General Rules.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn
Benson
Secretary
of State
Robin
L. Houston, Departmental Supervisor
Office
of the Great Seal
The
communications were referred to the Secretary for record.
The
following communications were received:
Office of
Senator Rosemary Bayer
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 92 introduced
on February 7, 2019 by Senator Santana.
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 93 introduced
on February 7, 2019 by Senator Chang.
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 94 introduced
on February 7, 2019 by Senator Irwin.
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 95 introduced
on February 7, 2019 by Senator Santana.
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 96 introduced
on February 7, 2019 by Senator Hollier.
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 97 introduced
on February 7, 2019 by Senator Hertel.
February 13, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 98 introduced
on February 7, 2019 by Senator Bullock.
Sincerely,
Rosemary
Bayer
12th
Senate District
State
Senator
The
communications were referred to the Secretary for record.
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:04 a.m.
The Senate
was called to order by the President, Lieutenant Governor Gilchrist.
Senator
MacGregor moved that the rules be suspended and that the following bill, now on
Committee Reports, be placed on the General Orders calendar for consideration
today:
Senate Bill No. 87
The motion prevailed, a majority of the
members serving voting therefor.
Messages from the Governor
The
following message from the Governor was received on February 14, 2019, and
read:
EXECUTIVE ORDER
No. 2019-05
Declaration
of State of Emergency
This past week several parts of
Michigan have experienced severe winter weather. These events caused widespread
and extended power outages, hazardous driving conditions, and localized
flooding, causing an immediate threat to public health and safety due to
exposure to freezing temperatures, structural hazards, exposure to potential
contaminants, and increased emergency vehicle response times due to road
hazards and inaccessible roadways and bridges.
Among the areas
most impacted by this severe winter weather is the county of Ionia. Within the
county of Ionia, the city of Portland is experiencing an ongoing compromised
operation of its only wastewater treatment facility which is resulting in
discharge of raw sewage into the Grand River. The flood impact in the county of
Ionia has damaged 25 to 30 homes and businesses due to extensive flooding in
areas adjacent to the Grand River. Emergency protective measures to mitigate
additional flood damage are needed and still ongoing. The county of Ionia is anticipating
additional and potentially extreme flooding due to the presence of ice jams on
the Grand River.
Beginning on February 7, 2019, the
county of Ionia has taken several actions to cope with the situation, including
but not limited to: declaring a local state of emergency; activating the
disaster response and recovery aspects for their emergency operations plans;
evacuating and providing shelter to affected residents; and issuing emergency
public information.
Despite these measures, local
resources are insufficient to respond to the extreme flooding under the current
conditions. State assistance and other outside resources are necessary to
effectively respond to, and recover from, the impacts of flooding.
Under the
Emergency Management Act, 1976 PA 390, MCL 30.403(4), “[t]he governor shall, by
executive order or proclamation, declare a state of emergency if he or she
finds that an emergency has occurred or that the threat of an emergency exists.”
Therefore, acting pursuant to the Michigan Constitution of 1963 and Michigan
law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421,
I order the following:
1. A
state of emergency is declared for the county of Ionia.
2. The
Emergency Management and Homeland Security Division of the Department of State
Police shall coordinate and maximize all state efforts and may call upon all
state departments to utilize available resources to assist in the designated
area pursuant to the Michigan Emergency Management Plan.
The state of
emergency is terminated at such time as the threats to public health, safety,
and property caused by the emergency no longer exist, and appropriate programs
have been implemented to recover from the effects of this emergency, but in no
case later than March 9, 2019, unless extended as provided by 1976 Public Act
390, as amended.
Date:
February 13, 2019
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 15, 2019
I respectfully submit to the Senate
pursuant to Public Act 346 of 1966, MCL 125.1421, please be advised of the
following appointments to office:
Michigan
State Housing Development Authority
Ms. Stephanie Beckhorn, 105 W. Allegan
Street, Lansing, Michigan 48933, county of Ingham, is appointed to represent principal department heads of the
executive branch of the state government for a term commencing February
15, 2019 and expiring at the pleasure of the Governor.
Mr. Robert Gordon, 333 S. Grand Avenue,
Lansing, Michigan 48933, county of Ingham, is appointed to represent principal
department heads of the executive branch of the state government for a term
commencing February 15, 2019 and expiring at the pleasure of the Governor.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
General Orders
The motion
prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator
Hollier as Chairperson.
After some time spent therein, the
Committee arose; and the President, Lieutenant Governor Gilchrist, having
resumed the Chair, the Committee reported back to the Senate, favorably and
without amendment, the following bill:
Senate Bill No. 87, entitled
A bill to amend 1961 PA 236,
entitled “Revised judicature act of 1961,” by amending section 8160 (MCL
600.8160), as amended by 2012 PA 21.
The bill was placed on the order of
Third Reading of Bills.
Introduction and Referral of Bills
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” by amending
sections 20118, 20120a, 20120b, 20120e, and 20121 (MCL 324.20118, 324.20120a,
324.20120b, 324.20120e, and 324.20121), sections 20118, 20120a, and 20120b as
amended and section 20121 as added by 2014 PA 542 and section 20120e as amended
by 2012 PA 190.
The bill was read a first and
second time by title and referred to the Committee on Environmental Quality.
Statements
The motion
prevailed.
Senator Chang’s statement is as follows:
Seventy-seven
years ago, on February 19, 1942, President Roosevelt signed Executive Order No.
9066 which gave the U.S. Army the authority to remove civilians from military
zones established in Washington, Oregon, and California during World War II.
This led to the forced removal and incarceration of more than 120,000 Americans
of Japanese ancestry who had to abandon their jobs, their homes, and their
lives, to be sent to internment camps scattered in desolate, remote regions of
this country. No Japanese-Americans were ever charged or convicted of espionage
or sabotage, but were targeted and imprisoned for years because of their
national origin or ancestry.
February
19 is known as the Day of Remembrance and is an important opportunity for us to
recognize the fragility and importance of civil liberties, especially in times
of crisis. I would like to invite my colleagues to join me in acknowledging the
Day of Remembrance for today.
Announcements
of Printing and Enrollment
The Secretary announced that the following
bills were printed and filed on Thursday, February 14, and are available on the
Michigan Legislature website:
House
Bill Nos. 4184 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199
Committee Reports
The Committee on Judiciary and
Public Safety reported
Senate Bill No. 3, entitled
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
section 5744 (MCL 600.5744), as amended by 2004 PA 105.
With the recommendation that the
substitute (S-1) be adopted and that the bill then 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 and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Judiciary and
Public Safety reported
Senate Bill No. 23, entitled
A bill
to prohibit the theft of mail; to provide for the powers and duties of certain
state and local governmental officers and entities; and to prescribe penalties
and provide remedies.
With the recommendation that the
substitute (S-1) be adopted and that the bill then 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 and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Judiciary and
Public Safety reported
Senate Bill No. 24, entitled
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 14 of chapter XVII (MCL
777.14h), as amended by 2018 PA 188.
With the recommendation that the substitute
(S-1) be adopted and that the bill then 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 and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Judiciary and
Public Safety reported
Senate Bill No. 87, entitled
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
section 8160 (MCL 600.8160), as amended by 2012 PA 21.
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, February 14,
2019 at 9:15 a.m., Room 1100, Binsfeld Office Building
Present: Senators Lucido (C),
VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
COMMITTEE
ATTENDANCE REPORT
The Committee on Advice and Consent
submitted the following:
Meeting held on Thursday, February 14,
2019 at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators Lucido (C), LaSata,
Nesbitt, McBroom and Hertel
COMMITTEE
ATTENDANCE REPORT
The Committee on Health Policy and
Human Services submitted the following:
Meeting held on Thursday, February 14,
2019 at 1:30 p.m., Room 1100, Binsfeld Office Building
Present:
Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks,
Hertel, Santana and Wojno
COMMITTEE
ATTENDANCE REPORT
The Subcommittee on Justice and Public
Safety submitted the following:
Meeting held on Thursday,
February 14, 2019, at 1:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Barrett (C), Runestad
and Hollier
Scheduled
Meetings
Advice
and Consent - Wednesday, February 20, 3:00 p.m.,
Room 1100, Binsfeld Office Building and Thursday, February 21, 12:00 noon, Room
1300, Binsfeld Office Building (517) 373-5312
Agriculture
and Agriculture and Rural Development Appropriations Subcommittee - Thursday, February 28, 3:00 p.m., Room
1300, Binsfeld Office Building (517) 373-5314
Appropriations
–
Subcommittees
–
Agriculture and Rural Development and Agriculture - Thursday, February
28, 3:00 p.m., Room 1300, Binsfeld
Office Building (517) 373-2768
Justice
and Public Safety - Thursday, February 28, 1:30 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
Licensing
and Regulatory Affairs (LARA)/Department of Insurance and Financial Services
(DIFS) - Thursday, February 21, 8:30 a.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
Families, Seniors, and Veterans - Wednesday, February
20, 4:00 p.m., Rooms 402 and 403, Capitol Building (517) 373-1721
Finance
- Wednesday, February 20, 12:30 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5312
Health
Policy and Human Services - Thursday,
February 21, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Insurance
and Banking - Wednesday, February 20, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373-5314
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being
11:08 a.m.
The President,
Lieutenant Governor Gilchrist declared the Senate adjourned until Wednesday,
February 20, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate