STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, May 1, 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
Heavenly
Father, Lord Jesus, and Holy Spirit, 2,600 years ago You had a prophet in the
Old Testament by the name of Ezekiel. He had a vision that at the end of his
lifetime and into the time of Jesus 483 years later and in our times—this day
right now—he said you will see the Jews run out of Jerusalem, be exiled from
their country for 2,000 years, and when you see them come back, that will start
the last days. That happened in 1948.
Jesus said in His
writings—Matthew, Mark, and Luke—that when you’re in the last days and the
progressive order, you will see earthquakes, tsunamis, you will see families
bickering and fighting, you will hear of wars and rumors of wars, famines,
unknown diseases cropping up, and you will have family members turning on each
other and turning them in, family members killing each other, and in the
churches people being killed. We’re seeing these things in the world right now.
The Lord told me to tell you
folks that God the Father made you in your mother’s womb and He had a plan for
this day for you. He wants to use you to help people find His Son, Jesus
Christ, and His salvation. I’ve used this for 47 years, I’ve had thousands and
thousands of people pray this prayer. When we break one of the Ten
Commandments—if we lust over people, if we covet somebody’s property, we don’t
go to church, we say “mom and dad, I’m not doing that”—that’s a sin and one sin
will send us to hell. Jesus became sin on the cross in order to take our
punishment and it’s left up to us to invite Him into our life.
Right now, this is my invocation
for you folks. If you’ve never done this before, I’m asking you to pray to God
yourself. You can whisper it, you can say it out loud, but I’ll give you the
words that God wants to hear from you. God in heaven, I need Your help. I have
sinned. Jesus, I believe You died on the cross for my sins. Father, I believe
You raised Jesus from the grave. Jesus, right now, I open my heart and invite
You into my life. Take control of my life; make Yourself known to me. Keep me
from evil, forgive me my sins, and become my Lord and Savior. When you do that,
you become sons and daughters of the almighty God.
What He’s
told me to tell you folks is that Michigan—I’ve prayed that prayer at every
fair in the state of Michigan, 100 fairs, I’ve been in all the prisons, I do
that in prisons, I make ministers out of the inmates, I’ve been on the streets
for 47 years and had gangs find Jesus. I’ve had Muslims find Christ. I’ve had
witches find Christ. He’s telling me to tell you folks that God the Father
wants you to just give Him, ask Him to help you with the simple
things you do in life and the very complex and hard things you do. He will help
you; He will do the miraculous. He’ll move mountains for you. If you prayed
that prayer, the Holy Spirit will teach you the Bible.
I will leave you with this. God
the Father loves everybody in this room and everybody in this state. He wants
to saturate, soak, and marinate you in His love. When you’re out in a public
place, the prophet Isaiah says in chapter six, that people will see Jesus
glowing out of your face. 2 Corinthians 2:14-16 says they’ll smell the Gospel
fragrance on you and they’ll feel the Father’s love.
Thank you, Father, for using me—a
mere man—to pray for these awesome, awesome people. Bless them and use them to
bring this state up to a level that is a light that the whole United States
sees and everybody in the United States asks what it is that You have because
they want it.
Thank you, Lord. God bless. Amen.
The President,
Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator MacGregor moved that Senator
Runestad be temporarily excused from today’s session.
The motion prevailed.
The following communication was
received and read:
Office of the Senate Majority
Leader
April 30, 2019
Pursuant to Executive Order
2019-10, I appoint the following individuals to the Michigan Joint Task Force on Jail and Pretrial Incarceration.
Senator Jim Runestad (Senate
Member)
Rob VerHeulen (Community Leader)
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communication was referred to
the Secretary for record.
The following messages from the Governor
were received:
Time: 10:51 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 202 (Public Act No. 5), being
An act to amend 1976 PA 451, entitled “An act to provide a system of
public instruction and elementary and secondary schools; to revise,
consolidate, and clarify the laws relating to elementary and secondary
education; to provide for the organization, regulation, and maintenance of
schools, school districts, public school academies, intermediate school
districts, and other public school entities; to prescribe rights, powers,
duties, and privileges of schools, school districts, public school academies,
intermediate school districts, and other public school entities; to provide for
the regulation of school teachers and certain other school employees; to
provide for school elections and to prescribe powers and duties with respect
thereto; to provide for the levy and collection of taxes; to provide for the
borrowing of money and issuance of bonds and other evidences of indebtedness;
to establish a fund and provide for expenditures from that fund; to make
appropriations for certain purposes; to provide for and prescribe the powers
and duties of certain state departments, the state board of education, and
certain other boards and officials; to provide for licensure of boarding
schools; to prescribe penalties; and to repeal acts and parts of acts,” by
amending section 1249b (MCL 380.1249b), as added by 2015 PA 173.
(Filed
with the Secretary of State on April 30, 2019 at 11:38 a.m.)
Time: 10:53 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 122 (Public Act No. 6), being
An act
to amend 1976 PA 451, entitled “An act to provide a system of public
instruction and elementary and secondary schools; to revise, consolidate, and
clarify the laws relating to elementary and secondary education; to provide for
the organization, regulation, and maintenance of schools, school districts,
public school academies, intermediate school districts, and other public school
entities; to prescribe rights, powers, duties, and privileges of schools,
school districts, public school academies, intermediate school districts, and
other public school entities; to provide for the regulation of school teachers
and certain other school employees; to provide for school elections and to
prescribe powers and duties with respect thereto; to provide for the levy and
collection of taxes; to provide for the borrowing of money and issuance of
bonds and other evidences of indebtedness; to establish a fund and provide for
expenditures from that fund; to make appropriations for certain purposes; to
provide for and prescribe the powers and duties of certain state departments,
the state board of education, and certain other boards and officials; to
provide for licensure of boarding schools; to prescribe penalties; and to
repeal acts and parts of acts,” by amending section 1249 (MCL 380.1249), as
amended by 2018 PA 235.
(Filed
with the Secretary of State on April 30, 2019 at 11:40 a.m.)
Respectfully,
Gretchen
Whitmer
Governor
The following message from the Governor
was received and read:
April 30, 2019
I respectfully submit to the Senate the
following appointments to office pursuant to Act 511 of 1988, MCL 791.403:
Michigan
Community Corrections Board
Ms. Jennifer C. Janetsky of 9319
Beecher Road, Flushing, Michigan 48433, county of Genesee, succeeding William
P. Nichols who has resigned, appointed to represent county prosecutors for a
term commencing April 30, 2019 and expiring March 31, 2021.
Ms. Anna R. Kohn of 6533 E. Jefferson
Avenue, Apt. 313, Detroit, Michigan 48207, county of Wayne, succeeding Daniel
Lathrop whose term has expired, appointed to represent the general public for a
term commencing April 30, 2019 and expiring March 31, 2023.
Mr. Jake W. Smith of 88 S. LaVista
Boulevard, Battle Creek, Michigan 49015, county of Calhoun, succeeding Hugh
Crawford whose term has expired, appointed to represent county commissioners
for a term commencing April 30, 2019 and expiring March 31, 2023.
Mr. L. Paul Bailey of 7707 Lake Road,
Berrien Center, Michigan 49102, county of Berrien, reappointed to represent
county sheriffs for a term expiring March 31, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to the
Committee on Advice and Consent.
Senator Runestad entered the Senate
Chamber.
Third Reading of Bills
The following bill was read a third
time:
Senate
Bill No. 169, entitled
A bill
to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001
to 250.2080) by adding section 1084.
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. 51 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 Senate agreed to the title of the
bill.
The motion prevailed.
Senator Daley’s statement is as
follows:
I rise today to speak to Senate Bill
No. 169. This bill names a portion of M-15 in Bay County after Sergeant First
Class Michael Cathcart of Bay City. He served two tours in Iraq before
volunteering to serve in the U.S. Special Forces in 2007. He also joined the
3rd Battalion, 3rd Special Forces Group in 2009. He was killed on November 14,
2014 on a combat mission in Afghanistan.
After his passing,
the Army awarded Sergeant Cathcart the Silver Star—one of the highest personal
decorations. His other awards include four Bronze Star medals, two Purple
Hearts and four Commendation medals.
I introduced this legislation to remind
area residents of Sergeant Cathcart’s dedication to his country and to show
Michael’s family our gratitude for his service. Sergeant Cathcart was a
decorated war hero and his service and bravery certainly deserve recognition. I
would urge my colleagues to support this bill.
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
Senate Resolution
No. 18
The
motion prevailed.
Senate
Resolution No. 42
Senate
Resolution No. 43
The
motion prevailed, a majority of the members serving voting therefor.
Senator Wojno offered the following
resolution:
Senate
Resolution No. 42.
A resolution recognizing May 5-11, 2019, as InfantSEE® Week.
Whereas, The most critical stages of vision development occur in the
first year of a child’s life when the eye undergoes rapid and profound changes;
and
Whereas, It is recommended infants should receive a comprehensive
baseline eye exam between the ages of six to twelve months because undetected
eye and vision problems can lead to permanent vision impairment or loss of
life; and
Whereas, One-in-ten children are at-risk from undiagnosed eye and vision
problems. By the time children enter school, nearly 25 percent will need or
wear corrective lenses; and
Whereas, One-in-thirty children will be affected by amblyopia– a leading
cause of vision loss in people younger than forty-five years; and
Whereas, Undetected vision problems can contribute
to a decrease in a child’s quality of life and may lead to developmental and
behavioral difficulties which impede classroom learning, as well as increase
the costs to society; and
Whereas, Early detection of vision problems is the
best way to treat and prevent permanent vision impairment; and
Whereas, Member Optometrists of the American Optometric Association and
The Vision Care Institute® of Johnson & Johnson, Inc. have partnered to
create InfantSEE®, a public health program to provide a one-time, no cost, eye
assessment for infants six to twelve months; and
Whereas, InfantSEE® is a program that is comprised of nearly 4,000
optometrists volunteering their services across the country. InfantSEE® has
provided over 140,000 infants with comprehensive eye assessments since the
start of the program in 2005; now therefore, be it
Resolved by the Senate, That the members of this legislative body
recognize the week of May 5-11, 2019, as InfantSEE® Week; and be it further
Resolved, We commend the members of the Michigan Optometric Association
and the profession of optometry on the eleventh anniversary of the InfantSEE®
program for voluntarily dedicating their expertise and services to the infants
of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan
Optometric Association with our highest esteem.
The question being on the adoption of
the resolution,
Senator VanderWall offered the
following resolution:
Senate
Resolution No. 43.
A resolution to recognize May 2019 as Mental Health Awareness Month.
Whereas, The month of May has been designated as Mental Health Awareness
Month by Mental Health for America and its affiliates since 1949; and
Whereas, Tens of thousands of Michigan citizens are
afflicted with a diagnosable mental, behavioral, or emotional disorder at any
given moment. Services under the mental health code include assistance for
conditions such as anxiety disorders, schizophrenia, eating disorders and
depression, and for addictive behaviors; and
Whereas, The people of Michigan who are living with a mental health
illness or addiction continue to require support and professional assistance in
order to improve their quality of living and return to an independent, healthy,
and fulfilling life; and
Whereas, In any given year, 336,000 adults in Michigan will have a
serious mental illness and 56 percent of these adults will receive no treatment
for their illness; and
Whereas, Mental illness can affect anyone, regardless of age. In our
state, 84,000 adolescents will experience a major depressive episode a year;
and
Whereas, There are 526,000 adults who experience heavy alcohol abuse in
any given month and 205,000 individuals, from the ages of 12 or older, who will
experience an illicit drug dependence a year. Further, 91 percent of adults
with heavy alcohol abuse and 81 percent of individuals with an illicit drug
dependence will forgo treatment for their addiction; and
Whereas, By ignoring the illnesses of our fellow
citizens, it will only further stigmatize those who suffer from a mental,
behavioral, or emotional disorder. If we leave those members behind, it will
only harm our community; and
Whereas, Michigan and the United States need to continue to reduce the
stigmatization of mental illness and lend our support to those who are living
with mental health disorders and addictions so they can seek professional
assistance; now, therefore, be it
Resolved by the Senate, That the members of this legislative body
recognize May 2019 as Mental Health Awareness Month.
The question being on the adoption of
the resolution,
Senate
Concurrent Resolution No. 7.
A concurrent resolution of
tribute offered as a memorial for William Broomfield, former member of the
Michigan House of Representatives and Senate and the United States House of
Representatives.
(For text of resolution, see
Senate Journal No. 40, p. 385.)
The House of Representatives has
adopted the concurrent resolution. The Speaker and the entire membership of
the House of Representatives were named co-sponsors.
The concurrent resolution was
referred to the Secretary for record.
By unanimous consent the Senate
returned to the order of
General Orders
The motion
prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator
Geiss 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 bills:
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.
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.
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 bills were placed on the order of
Third Reading of Bills.
The Committee of the Whole reported back to the Senate,
favorably and with amendment, the following bill:
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
following is the amendment recommended by the Committee of the Whole:
1. Amend page 2,
following line 11, by inserting:
“(2) This section does not apply to skilled
nursing facility staff performing duties required of skilled nursing facilities
under state and federal laws, rules, and regulations, including, but not
limited to, section 20201(2) of the public health code, 1978 PA 368, MCL 333.20201,
42 CFR 483.10, and 42 CFR 483.12, that guarantee the rights of skilled
nursing facility residents.” and renumbering the remaining subsections.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senator Theis introduced
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 1621 and 1627 (MCL 600.1621 and
600.1627), as amended by 1995 PA 161, and by adding section 1630.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senators Moss, Hollier, Bayer, Brinks,
Chang, Geiss, Irwin, McMorrow, Polehanki, LaSata, Barrett, Theis, Victory,
Lucido, Santana and McBroom introduced
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending section 411 (MCL 339.411), as amended by 2014 PA 265.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled “Public health
code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA 136.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Families, Seniors and Veterans.
A bill to amend 1978 PA 368, entitled “Public health
code,” by amending section 2803 (MCL 333.2803), as amended by 2012 PA 499.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Families, Seniors and Veterans.
Announcements of Printing and Enrollment
The Secretary
announced that the following House bills were received in the Senate and filed
on Tuesday, April 30:
House Bill Nos. 4152 4153
The Secretary announced the enrollment printing and
presentation to the Governor on Tuesday, April 30, for her approval the
following bills:
Enrolled Senate Bill No. 2 at 10:32
a.m.
Enrolled Senate Bill No. 122 at 10:34
a.m.
Enrolled Senate Bill No. 202 at 10:36
a.m.
The Secretary announced that the following bills and
resolutions were printed and filed on Tuesday, April 30, and are available
on the Michigan Legislature website:
Senate Bill Nos. 288 289 290 291
Senate Concurrent Resolution No. 7
Senate Resolution No. 41
House Bill Nos. 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536
Advice and Consent - Thursday, May 2, 1:00 p.m., Room
1300, Binsfeld Office Building (517) 373-5312
Appropriations - Thursday,
May 2, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307 (CANCELED)
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:27 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Thursday, May 2, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate