STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Thursday, January 16, 2020.
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—excused 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
Mark Bouslog of Jenison Bible Church of Hudsonville offered the following
invocation:
Dear
Heavenly Father, we come before You this morning with humble hearts full of
gratitude to offer praise and ask our petitions. We are thankful because You
have invited us to come into Your throne room, through Jesus Christ, to find
the mercy, grace, and wisdom that we need. Thank You for being a gracious and
kind God who freely and generously extends fatherly love and guidance to us.
Thank
You, Father for each member who faithfully serves in this chamber. Their
dedication to public service is an example to all and I ask that You would
individually bless them for their commitment. Please encourage and bless their
families as they make sacrifices because of their service. Father, I ask that
You would protect, for Your glory, each marriage and child that is represented
here today. Give each Senator the time and opportunity that is needed to invest
in their families.
Father,
today I ask that You would grant great wisdom to each member of this Senate.
May each one carefully consider those matters upon which they will vote so that
every decision will be for Your glory and the good of our citizenry. I ask that
You would find great pleasure in this and bestow upon this chamber Your richest
blessing.
You
have given many resources to the great state of Michigan and its stewardship
has been entrusted to those who serve here. Great discernment is needed to
effectively appropriate these resources and I ask that You would fill each
Senator with an ongoing sense of responsible generosity so that the impact of
every dollar is maximized and so that waste is minimized. Thank You for all of
our resources and may we never forget that all of these good things come from
You.
“To him
who is able to keep you from stumbling and to present you before His glorious
presence without fault and with great joy to the only God our Savior be glory,
majesty, power and authority, through Jesus Christ our Lord, before all ages,
now and forevermore!” 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 MacDonald be excused from today’s session.
The motion prevailed.
The motion prevailed.
The following communication was
received:
Office
of Senator Winnie Brinks
January 14, 2020
Per Senate Rule 1.110(c) I am
requesting that my name be removed as a sponsor to Senate Bill 0509 which was introduced
on September 11, 2019 and was referred to the Senate Committee on Education and
Career Readiness.
Sincerely,
Senator
Winnie Brinks
District
29
The communication was referred to
the Secretary for record.
By unanimous consent the Senate
proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator VanderWall 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. 4620, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL
436.1101 to 436.2303) by adding section 1028.
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL
436.1101 to 436.2303) by adding section 609e.
The bills were placed on the
order of Third Reading of Bills.
House Bill No. 4335, entitled
A bill
to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1110
and 1205 (MCL 339.1110 and 339.1205), section 1110 as amended by 2014 PA 137
and section 1205 as amended by 1997 PA 97.
Substitute
(S-1)
Senators Ananich, Hertel and
Geiss entered the Senate Chamber.
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senators Nesbitt and Theis
offered the following concurrent resolution:
Senate Concurrent Resolution No. 18.
A
concurrent resolution to oppose the inclusion of labor peace agreements in the
Marijuana Regulatory Agency’s permanent rules and to oppose the inclusion of
labor peace agreements or any similar construct in the administrative rules of
this state.
Whereas, The Marijuana Regulatory
Agency’s proposed rules to regulate marihuana licenses (2019-67 LR)
include the requirement for prospective marihuana licensees to agree to a labor
peace agreement signed by a labor union before they can apply for or renew a
license. A labor peace agreement is defined in the proposed rules as “an
agreement between a licensee and any bona fide labor organization that, at a
minimum, protects the state’s interests by prohibiting labor organizations and
members from engaging in picketing, work stoppages, boycotts, and any other
economic interference with the applicant’s business”; and
Whereas, Under the proposed
rules, a new industry would be unduly burdened by the heavy hand of government
before it can even get off the ground. This new industry would also be forced
to accept the terms of labor unions without negotiation; and
Whereas, Requiring labor peace
agreements is not contemplated or required by Initiated Law 1 of 2018, which
legalized adult-use marihuana in Michigan. Nowhere in the initiative did it
indicate that a state agency would give up governmental authority to
unaccountable, private third parties to prevent applicants from becoming
licensed or licensees from renewing their licenses. In fact, the initiative
includes language that the rules must include “qualifications for licensure
that are directly and demonstrably related to the operation of a marihuana
establishment…”. Signing a labor peace agreement is not directly and
demonstrably related to the operation of a marihuana establishment; and
Whereas, The inclusion of labor
peace agreements in the rules governing marihuana in this state would set a
dangerous precedent for similar requirements for anyone seeking a license or
permit issued by the state, which could devastate Michigan’s economy solely to
the benefit of organized labor; and
Whereas, The requirement for
labor peace agreements included in these proposed rules is preempted by the
National Labor Relations Act; now, therefore, be it
Resolved by the Senate (the House
of Representatives concurring), That we oppose the inclusion of labor peace
agreements in the Marijuana Regulatory Agency’s permanent rules and oppose the
inclusion of labor peace agreements or any similar construct in the
administrative rules of this state; and be it further
Resolved, That copies of this
resolution be transmitted to the Governor, Director of the Department of
Licensing and Regulatory Affairs, and the Director of the Marijuana Regulatory
Agency.
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
Regulatory Reform.
The motion prevailed.
Introduction and Referral of Bills
A bill
to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by
amending section 11 (MCL 780.991), as amended by 2018 PA 214.
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 McBroom’s statement is as
follows:
I want to take a few minutes
today to express some issues that are just really remarkable about what we get
to do here at the State Capitol. I had my very first visit to the State Capitol
in 2002 and was here with some friends on spring break—and for a Yooper to make
it all the way to the Capitol was a pretty big deal. We came here and found a
tour of some fourth-graders and got to tag along with them and listen to what
was going on and learn something about the history of the building. There was a
thought in my mind that someday it would be really cool to know somebody
important enough to be able to get a tour on the floor or to get a tour
upstairs into some of the unusual places of the Capitol, never really
anticipating that that might be myself at some point. It’s such a privilege to
be able to work here and the surrealness of getting to be a part of a body that
represents the people of this state. Particularly, I come to you today because
this marks the 30th anniversary of the restoration of the Senate Chamber.
In fact, 35 years ago—before the
restoration began—this building looked a lot different. I’m sure you’ve all
heard the tales about the fluorescent lighting, the fire escape stairs
installed along the outside of the building—in fact the great stories about
people sneaking out when they were on a call of the House and sneaking down the
back stairs to get away—and the half-floors that were installed to cram many
people into the space. We were so tight for space that even the bathroom
outside the chamber Gallery was converted into office space.
As our state grew, so did the
need for more people to work here. For several reasons, we kept cramming people
in and invested more into short-term solutions and making it work than we did
into the preservation and care. Before many realized it, we had lost almost all
the beautiful decorative art and classical architectural details that made this
building so special and grand to begin with. But lucky for us, hiding
underneath all those dozens of layers of paint—visible in black and white
photos from the early years—was the information we needed to recreate and
restore what once was.
In 1989, following the successful
restoration of the lobby area outside this chamber and the work on the fourth
floor, the Senate Chamber underwent its restoration. In order to do this, the
Senate had to entirely relocate to the Supreme Court—now the Appropriations
room—for nearly a year. Every surface in this room was touched—desks were repaired,
the skylight tiles were recreated, the walls were painted using original color
and decorative techniques, new flooring and carpeting was put in, portraits
came out of storage and were rehung, new voting boards were purchased and
installed, and the Gallery was completely rebuilt.
Finally, in January of 1990, the
Senate Chamber was reopened and rededicated. Then-Senate Majority Leader John
Engler and Senate Democratic Leader Art Miller released a statement to celebrate
the occasion, saying, “This remarkable rebirth of the Senate Chamber has shown
that it is possible to combine major structural and infrastructural overhauls
with historic restoration and preserve the Capitol for future generations to
enjoy. With the Senate leading the way, the Capitol stands ready to meet the
next century as a rejuvenated monument to the people of the great state of
Michigan.”
There were a lot of great people
who helped make this possible. Some of those who led this were Richard Frank,
preservation architect; Ron Staley, construction manager for Christman; Gene
Hopkins, architect; William Seale, for historic furnishings; Darla Olson,
conservator; John Canning and Company, decorative painting; Shreve Weber
Stellwagen, mechanical and electrical engineering; Robert Darvas &
Associates, structural engineers; and all the historians, architects, painters,
carpenters, experts, staff members, members of Capitol Facilities, and crew
members who had to play an important role deserve our thanks.
It is a privilege to work in this
space. It’s an honor to share these original desks with the Senators who came
before us. We must always remember where we’ve come from, how we got here, and
continue to invest in the preservation of this building so future generations
can see and enjoy this space just as it was intended.
Let’s celebrate this great
opportunity to be here, the surreal experience of being a member of this body,
and the history that it entails.
Senator Shirkey’s statement is as
follows:
One of our own has decided to
take an opportunity in the other chamber with a higher level of responsibility.
We can take great pride in being part of the training program that allowed her
to even qualify for such.
Those of us who have had the
privilege serving with Lindsay Vogelsberg all this time know that she talks
really fast and thinks even faster. Lindsay has spent most of her career in
Michigan state politics and she’s helped in various ways across the entire
Capitol. There is no way I can keep up with her—either in her thinking or her
talking—so that’s the reason why she represents such a valuable asset.
Lindsay, even though you’re
young, you’ve invested a lot of time in the state of Michigan. You’ve added
value at every place; at every step of the way. You’ve honed your skillsets and
achieved your goal of becoming a very effective attorney. You have unique
skills to take a complex problem and summarize it, though quickly, into a
rather simple equation and that is priceless—those kinds of values—because we
all know that sometimes we need help articulating what the true root cause or
the root of the problem is. You have those skillsets. Am I happy that you’re
leaving the Senate? No, I’m not happy you’re leaving the Senate. But, I am
happy you’re staying involved with the state of Michigan. I’m very happy that
you’ll enhance the skillsets and the capabilities with our partners in the
other chamber.
I’d like to ask my colleagues to
join me in wishing Lindsay a very, very productive future. Now, go forth and
prosper.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills were printed and filed on
Wednesday, January 15, and are available on the Michigan Legislature website:
Senate
Bill Nos. 718 719 720 721 722 723
House
Bill Nos. 5330 5331 5332 5333 5334 5335 5336
Committee Reports
The
Committee on Appropriations reported
Senate
Bill No. 693, entitled
A bill to amend 2018 PA 111, entitled “Agricultural disaster loan origination program act,” by amending sections 2, 3, 4, and 5 (MCL 286.432, 286.433, 286.434, and 286.435).
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Jim
Stamas
Chairperson
To
Report Out:
Yeas:
Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacGregor, Nesbitt, Outman,
Runestad, Schmidt, Victory, Bayer, Hollier, Irwin and McCann
Nays:
Senator Santana
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Appropriations submitted the following:
Meeting
held on Wednesday, January 15, 2020, at 2:00 p.m., Harry T. Gast Appropriations
Room, 3rd Floor, Capitol Building
Present:
Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, MacGregor, Nesbitt,
Outman, Runestad, Schmidt, Victory, Bayer, Hollier, Irwin, McCann and Santana
Excused:
Senators MacDonald and Hertel
The
Committee on Families, Seniors, and Veterans reported
House
Bill No. 4128, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XI (MCL 711.1), as amended by 2000 PA 111.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas: Senators
Bizon, Barrett, Runestad, Johnson, Zorn and Bullock
Nays:
Senator Alexander
The
bill was referred to the Committee of the Whole.
The
Committee on Families, Seniors, and Veterans reported
House
Bill No. 4152, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA 136.
With
the recommendation that the substitute (S-2) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas:
Senators Bizon, Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Families, Seniors, and Veterans reported
House
Bill No. 4153, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2803 (MCL 333.2803), as amended by 2012 PA 499.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas:
Senators Bizon, Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
Nays:
None
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Families, Seniors, and Veterans submitted the following:
Meeting
held on Wednesday, January 15, 2020, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Bizon (C), Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
Families, Seniors, and Veterans - Wednesday,
January 22, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-1721
Senate
Fiscal Agency Board of Governors - Thursday,
January 23, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-2768
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, January 21, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate