STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, May 2, 2019.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
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
Senator Winnie Brinks of the 29th
District offered the following invocation:
Holy one, known by many names and
beyond all names, known in many ways and beyond our knowing, this Legislature
gathers together today as people of many faiths—as Christians, Jews, Muslims,
atheists, young and old, gay and straight, black and white, Hispanic and Asian,
and Republicans and Democrats. We gather as neighbors—a human rainbow united by
our shared faith in the ideals of justice, democracy, community, the common
good, and the love of our neighbors.
Remind us
with the dawning of each new day that the moral arc of the universe is long,
but that it bends toward justice. Grant us the strength and courage to stand up
and speak out against injustice, discrimination, and oppression; and to reclaim
in this day and time the mantle of the prophets who throughout the ages have
spoken truth to power and called those with power and privilege to honor,
respect, protect, and care for the least of those among us—the poor, the
homeless, the hungry, the sick, the broken, the forgotten, and the strangers in
our land.
Give our constituents the
patience to allow us to govern, even as they demand of us what is just. May
they rightly hold us accountable to serve all of the people, not just those who
wield power or influence. And in that accountability, may they support sincere
effort and celebrate wise compromise, recognizing that the challenges we face
are complex, and that the resources available are often inadequate.
Help all Michiganders to find new
hope when hope is hard to find, when we tire of the demands placed on us and
our families, when injustices are too much to bear, and when cynicism makes us
doubt that we will ever reach the promised land of beloved community.
Grant us, too, wisdom and
humility that we might speak truth in love, remembering that hatred and
bitterness can never cure the disease of fear. May we be gracious with one
another in our work here in the Capitol and throughout our state. May we always
act genuinely and honestly on behalf of the people.
This we pray in the name of all
that we hold sacred, holy, right, good, and true. Let the people say: Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senators Alexander and Santana entered
the Senate Chamber.
The motion prevailed.
Senator Bayer’s statement is as
follows:
Today is
Stroke Awareness Day. As most of you know, my husband John had a massive stroke
almost two months ago. When I walked into the living room, I saw his confusion,
inability to speak, and something wrong with his eyes. We’re fortunate enough
that we live near very excellent medical care and we were at the hospital
getting a CT scan within 15 minutes. The incredible skill and caring of those
first responders and hospital staff are undoubtedly what saved his life. The
years of research that gave us the clot-buster drug known as TPA is almost
certainly why, after a week in a coma, John woke up and started getting better.
The thoughts, prayers, and good wishes from everyone are what make it possible
for me to introduce you to John today, right here.
For Stroke Awareness Day, I just
want to remind you to recognize the symptoms—confusion, inability to speak,
something wrong with their eyes or vision—to react quickly—get to the hospital
as fast as possible—and to treasure the care, support, help, prayers, and
wishes from your community.
If you can, stop over and
introduce yourself to John and he has a little stroke information at my desk.
Senator MacGregor’s statement is as
follows:
We have another one of our
precious and tireless clerks leaving today and I would like to recognize him.
Andrew Haring is a committee clerk who has been working for the Senate for
almost two years and he is leaving to take his next step in his career with the
United States House of Representatives with Congresswoman Debbie Dingell.
Andrew is
from Grant and attended Adrian College majoring in political science. During
his college years, Andrew got involved with politics by managing an election
campaign for a Leelanau County circuit court judge.
After college, Andrew began his
legislative career as a committee clerk here in the Senate. He has served as a
clerk for chairmen Nofs, Lauwers, Bizon, Horn, Zorn, Booher, Hansen, and Hune;
and was clerk for me when I chaired the Oversight Committee last session.
Andrew is known for his dedication, sense of humor, excitement, and knowledge
of the political process.
He’s also one for details.
Recently in the Economic and Small Business Development Committee, which has a
lot of members, everyone was constantly going to see where they’re supposed to
sit. Andrew put sticky notes on the front of everyone’s desk because, you know,
we have to be told where to sit and Andrew knows that. Those sticky notes were
very helpful and I thought that was very creative. Andrew has demonstrated
integrity to the highest standards in the Senate. His character and
friendliness will be missed.
Andrew is joined today by his
dad, Tony Haring; his mom, Rita King; and his stepdad, Marlo King. Please join
me in thanking Andrew and wishing him well in his next endeavor.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed, a majority of the
members serving voting therefor.
Recess
Senator MacGregor moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time being
10:14 a.m.
The Senate was called to order by
the President, Lieutenant Governor Gilchrist.
Messages from the House
A bill to amend 1979 PA 94,
entitled “The state school aid act of 1979,” by amending section 101 (MCL
388.1701), as amended by 2018 PA 586.
The House of Representatives has
amended the Senate substitute (S-1) as follows:
Pending the order that, under rule
3.202, the bill be laid over one day,
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
House amendments made to the Senate substitute,
The amendments were concurred in, a majority
of the members serving voting therefor, as follows:
Roll
Call No. 52 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The Chair: President
Senator MacGregor moved that the bill
be given immediate effect.
The
motion prevailed, 2/3 of the members serving voting therefor.
Third Reading of Bills
The following bill was read a third
time:
House
Bill No. 4129, entitled
A bill
to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section
35 (MCL 791.235), as amended by 2018 PA 339.
The question being on the passage of the bill,
The
bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 53 Yeas—35
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Irwin Moss VanderWall
Brinks Johnson Nesbitt Victory
Bullock Lauwers Outman Wojno
Bumstead Lucido Polehanki Zorn
Chang MacDonald Runestad
Nays—3
Horn LaSata Theis
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The
recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to revise, consolidate, and codify the laws relating to probationers and
probation officers, to pardons, reprieves, commutations, and paroles, to the
administration of correctional institutions, correctional farms, and probation
recovery camps, to prisoner labor and correctional industries, and to the
supervision and inspection of local jails and houses of correction; to provide
for the siting of correctional facilities; to create a state department of
corrections, and to prescribe its powers and duties; to provide for the
transfer to and vesting in said department of powers and duties vested by law
in certain other state boards, commissions, and officers, and to abolish
certain boards, commissions, and offices the powers and duties of which are
transferred by this act; to allow for the operation of certain facilities by
private entities; to prescribe the powers and duties of certain other state
departments and agencies; to provide for the creation of a local lockup
advisory board; to provide for a lifetime electronic monitoring program; to
prescribe penalties for the violation of the provisions of this act; to make
certain appropriations; to repeal certain parts of this act on specific dates;
and to repeal all acts and parts of acts inconsistent with the provisions of
this act,”.
The
Senate agreed to the full title.
The following bill was read a third time:
House
Bill No. 4130, entitled
A bill
to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections
33 and 34 (MCL 791.233 and 791.234), section 33 as amended by 2017 PA 14 and
section 34 as amended by 2017 PA 265.
The question being on the passage of the bill,
The
bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 54 Yeas—35
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Irwin Moss VanderWall
Brinks Johnson Nesbitt Victory
Bullock Lauwers Outman Wojno
Bumstead Lucido Polehanki Zorn
Chang MacDonald Runestad
Nays—3
Horn LaSata Theis
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The
recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to revise, consolidate, and codify the laws relating to probationers and
probation officers, to pardons, reprieves, commutations, and paroles, to the
administration of correctional institutions, correctional farms, and probation
recovery camps, to prisoner labor and correctional industries, and to the
supervision and inspection of local jails and houses of correction; to provide
for the siting of correctional facilities; to create a state department of
corrections, and to prescribe its powers and duties; to provide for the
transfer to and vesting in said department of powers and duties vested by law
in certain other state boards, commissions, and officers, and to abolish
certain boards, commissions, and offices the powers and duties of which are
transferred by this act; to allow for the operation of certain facilities by
private entities; to prescribe the powers and duties of certain other state
departments and agencies; to provide for the creation of a local lockup
advisory board; to provide for a lifetime electronic monitoring program; to
prescribe penalties for the violation of the provisions of this act; to make
certain appropriations; to repeal certain parts of this act on specific dates;
and to repeal all acts and parts of acts inconsistent with the provisions of
this act,”.
The
Senate agreed to the full title.
The following bill was read a third
time:
House
Bill No. 4131, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to
750.568) by adding section 197d.
The question being on the passage of the bill,
The
bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 55 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The
recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to revise, consolidate, codify, and add to the statutes relating to crimes;
to define crimes and prescribe the penalties and remedies; to provide for
restitution under certain circumstances; to provide for the competency of
evidence at the trial of persons accused of crime; to provide immunity from
prosecution for certain witnesses appearing at criminal trials; to provide for
liability for damages; and to repeal certain acts and parts of acts
inconsistent with or contravening any of the provisions of this act,”.
The
Senate agreed to the full title.
The following bill was read a third
time:
House
Bill No. 4132, entitled
A bill
to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections
33b and 65 (MCL 791.233b and 791.265), section 33b as amended by 2010 PA 94 and
section 65 as amended by 2012 PA 599.
The question being on the passage of the bill,
The
bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 56 Yeas—35
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Irwin Moss VanderWall
Brinks Johnson Nesbitt Victory
Bullock Lauwers Outman Wojno
Bumstead Lucido Polehanki Zorn
Chang MacDonald Runestad
Nays—3
Horn LaSata Theis
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation
was concurred in, 2/3 of the members serving voting therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to revise, consolidate, and codify the laws relating to probationers and
probation officers, to pardons, reprieves, commutations, and paroles, to the
administration of correctional institutions, correctional farms, and probation
recovery camps, to prisoner labor and correctional industries, and to the
supervision and inspection of local jails and houses of correction; to provide
for the siting of correctional facilities; to create a state department of
corrections, and to prescribe its powers and duties; to provide for the
transfer to and vesting in said department of powers and duties vested by law
in certain other state boards, commissions, and officers, and to abolish
certain boards, commissions, and offices the powers and duties of which are
transferred by this act; to allow for the operation of certain facilities by
private entities; to prescribe the powers and duties of certain other state
departments and agencies; to provide for the creation of a local lockup
advisory board; to provide for a lifetime electronic monitoring program; to
prescribe penalties for the violation of the provisions of this act; to make
certain appropriations; to repeal certain parts of this act on specific dates;
and to repeal all acts and parts of acts inconsistent with the provisions of
this act,”.
The
Senate agreed to the full title.
General
Orders
The motion prevailed, and the
President, Lieutenant Governor Gilchrist, designated Senator McMorrow 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
with a substitute therefor, the following bill:
Senate
Bill No. 228, entitled
A bill to create a suicide prevention
commission within the legislative council and to prescribe its powers and
duties; and to prescribe the powers and duties of certain state officers and
entities.
Substitute (S-1)
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senator MacGregor moved that
consideration of the following resolutions be postponed for today:
Senate
Resolution No. 25
Senate
Resolution No. 30
Senate
Resolution No. 38
The
motion prevailed.
Senate
Resolution No. 44
The
motion prevailed, a majority of the members serving voting therefor.
Senators Moss, Brinks, Chang, Geiss,
Irwin, McMorrow and Polehanki offered the following resolution:
Senate
Resolution No. 44.
A resolution to declare May 2, 2019, as
Holocaust Remembrance Day.
Whereas, The horrors of
the Holocaust should never be forgotten. The Holocaust was the state-sponsored
systematic persecution and annihilation of European Jewry by Nazi Germany and
its collaborators during the years 1933 through 1945. This resulted in the
extermination of six million Jews and their potential decedents. The world’s
Jewish population was reduced by one-third. Poland, home to the largest Jewish
community before World War II, lost 90 percent of its Jewish population.
Greece, Yugoslavia, Hungary, Lithuania, Bohemia, the Netherlands, Slovakia and
Latvia each lost more than 70 percent of their Jewish population; and
Whereas, Millions more suffered grievous
oppression and death under Nazi tyranny based on their religion, including
Catholic priests, Christian pastors, and Jehovah’s Witnesses; their national
origin, including Poles, Soviets, Ukrainians and Sorbs; their ethnicity and
culture, including the Romani people; their political beliefs, including
courageous resisters and government dissidents; their physical appearance,
including those with disabilities; and their sexual orientation and gender
identity; and
Whereas, The history of the Holocaust allows
us to reflect on the moral and ethical responsibilities of individuals,
societies, and governments. It also serves as an important reminder of what can
happen when we allow bigotry, hatred, and indifference to enter and conquer our
societies. It is crucial to educate all citizens about the horrors of genocide and
to instill values of tolerance and acceptance in our state’s ever-changing and
diverse population; and
Whereas, The Michigan Legislature enacted PA
170 of 2016, which provided that the board of a school district or board of
directors of a public school academy shall ensure that the school district’s or
public school academy’s social studies curriculum for grades 8 to 12 includes
age- and grade-appropriate instruction about genocide, including, but not
limited to, the Holocaust and the Armenian Genocide; and
Whereas, PA 170 of 2016 also created the
Governor’s Council on Genocide and Holocaust Education, a temporary commission,
whose tasks include identifying and notifying schools about resources for
teaching about genocide and the Holocaust; and to engender and coordinate
events, activities, and education that will appropriately memorialize the
victims of the Holocaust, such as observance of Holocaust Remembrance Day; now,
therefore, be it
Resolved by the Senate, That the members of
this legislative body declare May 2, 2019, as Holocaust Remembrance Day in the
state of Michigan; and be it further
Resolved, That in honor of the victims of the
Holocaust, the survivors, and their liberators, the citizens of Michigan should
reflect upon this terrible event and strive to overcome hatred and intolerance
through learning and remembrance.
The question being on the adoption of
the resolution,
Senators
Alexander, Ananich, Bayer, Bizon, Bullock, Daley, Hollier, Horn, LaSata,
Lucido, McCann, Santana, Theis, Wojno and Zorn were named
co-sponsors of the resolution.
The motion prevailed.
Senator Moss’ statement is as follows:
I’m the only Jewish member of this body
and there are many days here, especially recently, where that’s a very
isolating feeling. But I gladly take on the responsibility to represent the
Jews in Michigan and to present this resolution marking Holocaust Remembrance
Day—Yom HaShoah—to honor those who were annihilated by Nazis and their
collaborators, resulting in the mass genocide of two-thirds of European Jews.
To comprehend the magnitude of the
Holocaust, survivor Abel Herzberg said: “There were not six million Jews
murdered; there was one murder, six million times.” Six million stories of
murder and I want to share with you three of them. About the murders of Avram,
Perl, and Gittel Bikovski.
There were eight Bikovski children who
lived during the turn of the last century in Berezhnitsa, Poland, with a
population of nearly 3,000 people—more than 2,100 of whom were Jewish. But the
growing anti-Semitism around them caused four of the Bikovskis to seek a new
life here in America. Avram, Perl, and Gittel stayed behind in Berezhnitsa.
They had families of their own, it was impractical for them to move, and
surely, they thought that the rhetoric would be tempered, the violence was
isolated, and their community was too vibrant to be disrupted. They didn’t know
what the aberrations in a then-civil society would lead to. That’s because the
Holocaust didn’t happen overnight. It’s the story of how ignorance turned into
discrimination fueled by propaganda, scapegoating, then segregation, then
dehumanization, destroying businesses, ravaging homes, violence, then murder,
then extermination.
On August 27, 1942, Avram, Perl, and
Gittel and others among the remaining Jewish population in Berezhnitsa were
forced from their homes, led into a forest by the Nazis, and were forced to
start digging. And they dug up until the next day, on August 28, when the Nazis
shot all of them into a mass grave that, unbeknownst to them, they were digging
for themselves. A cousin survived by playing dead and told the story of what
happened. The story of those horrific murders eventually reached the living
Bikovski siblings who had since settled in the United States, including their
brother Joseph.
Joseph and his family still faced
anti-Semitism here in their new home country. The U.S. was hostile to Jewish
immigration; our government turned away Jewish refugees on the Voyage of the
Damned. To minimize the threat of any clashes, Joseph and family changed their
last name to Baker. His daughter Helen Baker met and married a man named
Solomon Moskovitch, whose family also shortened their last name to Americanize
it during World War II. Helen and Sol Moss were my grandparents.
My great-grandfather’s siblings faced
gun violence fueled by anti-Semitism in Berezhnitsa, Poland in 1942 in the
worst hate crime in human history. And today, there are families in this
country whose parents, siblings, and children faced gun violence fueled by an
anti-Semitic hate crime in Pittsburgh six months ago and San Diego just last
week.
We commemorate Holocaust Remembrance
Day each year, because the Holocaust tells us of the consequences of what
happens when we think the rhetoric will be tempered, that the violence is
isolated, and that our vibrant community can’t be disrupted.
But Holocaust Remembrance Day is also a
day of hope—that despite all of this, the Jewish religion and culture lives on.
It lives on because a Bikovski cousin survived a mass grave which allows me to
tell the story of Avram, Pearl, and Gitell on the floor of the Michigan Senate.
It lives on because a California rabbi who had part of his hand blown off by a
white nationalist last Saturday continued his sermon and told his congregation
to remain strong.
So today, colleagues, I hope you will
join with me in supporting this resolution to ensure our hope is not yet lost. “Od
lo avdah tikvatenu.”
A resolution to recognize May 2019 as
Stroke Awareness Month.
The question being on the adoption of
the resolution,
The motion prevailed.
Senator MacDonald’s statement is as
follows:
Today, I would like to talk about
Senate Resolution No. 18 to recognize May 2019 as Stroke Awareness Month in the
state of Michigan.
As a former
exercise scientist, I dealt with many people recovering from heart disease and
stroke. Stroke is the leading cause of death and serious long-term disability
in the state of Michigan and an estimated $34 billion is spent annually on
health care services, medications, and lost productivity associated with
strokes.
Unfortunately, many Americans cannot
name any of the signs or symptoms of a stroke. Nearly 58 percent of Americans
do not know if they are at risk for a stroke; hence the term, “silent killer.”
In sponsoring this resolution, I would
also like to increase public awareness of the need for further research into
this condition, and of the risk factors, warning signs, and symptoms of stroke,
which can be remembered as “Life’s Simple Seven”—managing blood pressure,
controlling cholesterol, reducing blood sugar, getting active, eating better,
losing weight, and stopping smoking.
Thank you for your time today. I
appreciate your support for Stroke Awareness Month in Michigan.
Colleagues, I
would also like to recognize some volunteers in the east Gallery who are here
from the American Heart Association promoting stroke awareness. I have a
constituent who works as the stroke coordinator from Henry Ford Macomb
Hospital, Kelly Joseph. Kelly, I’d like to thank you for all the work you do.
Introduction and Referral of Bills
Senate Bill No. 294, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single
state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13h.
The bill was read a first and second time by title and referred to the
Committee on Regulatory Reform.
Senator Runestad introduced
Senate Bill No. 295, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by
2014 PA 300.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills and resolutions were printed and
filed on Wednesday, May 1, and are available on the Michigan Legislature
website:
Senate Bill Nos. 292 293
Senate Resolution Nos. 42 43
House Bill No. 4537
Committee Reports
The
Joint Subcommittee on Capital Outlay submitted the following:
Meeting
held on Wednesday, May 1, 2019, at 4:00 p.m., House Appropriations Room, 3rd
Floor, Capitol Building
Present:
Senators Horn (C), Outman, Bizon, Schmidt, Santana, Zorn and McCann
Excused:
Senators Runestad and Hertel
Environmental Quality - Tuesday, May 7, 1:00 p.m., Room
1200, Binsfeld Office Building (517) 373-5323
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:37 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Tuesday, May 7, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate