STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, September
11, 2019.
10:00
a.m.
The
Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
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
As we
gather today to continue to serve the citizens of this great state, I ask that
we pause to remember those who lost their lives during the morning events of
September 11, 2001.
At this
time during the day, both towers had been hit by hijacked aircraft, as well as
the Pentagon; at 9:59 a.m., the South Tower collapsed killing over 800
people; and at 10:03 a.m., the crew and passengers of Flight 93 showed
true heroism as they overtook the hijacked cockpit and forced the plane crash in
Shanksville, Pennsylvania. That day has shaped our country, our first
responders, and our government, and I ask that we pause for a moment of silence
in invocation to honor those who died that day and the 343 FDNY
firefighters, 60 police officers, EMS, and military who gave their all to save
lives and keep us protected.
We come
together today to ask for Your continued guidance and strength. We pray for our
Senators, that they may have an open mind and a strong heart to serve the
citizens of the state. We ask for Your continued protection of our first
responders. We ask that You guide our firefighters and paramedics to protect
our residents as they respond to emergency medical incidents and home fires. We
ask for Your support of our law enforcement and keep them from harm’s way while
working to keep our communities safe. We ask for Your healing hand on those
first responders who are still suffering from the mental anguish and the
crippling side effects from responding to events on September 11.
As we
reflect on the course of that day, we ask that You continue to support the fallen’s family and that You protect them and support them.
We ask
for Your continued support of our military who not only went to war after
September 11, but for those who continue to serve and the families that support
them.
Finally,
Lord, we ask for Your continued guidance for our elected leaders, firefighters,
law enforcement, EMS, dispatchers, and the military as they all continue to
protect this great country and great state. We ask that You guide us in our
mission and provide us with the wisdom to ensure those events do not happen
again and that we never forget.
In Your
name. Amen.
The President pro tempore, Senator Nesbitt, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions
and Communications
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
September
10, 2019
Pursuant
to MCL 390.1665, I am appointing Edward Klobucher, of
Hazel Park, to the Hazel Park Promise Zone Authority Board for the term of
September 11, 2019 to September 12, 2023.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority leader
The
communication was referred to the Secretary for record.
The
following communications were received:
Office of Senator Rosemary Bayer
September
5, 2019
Per
Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to
Senate Bill 498 introduced by Senator Moss on September 4, 2019.
September
5, 2019
Per
Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to
Senate Bill 499 introduced by Senator Alexander on September 4, 2019.
September
5, 2019
Per
Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to
Senate Bill 500 introduced by Senator Brinks on September 4, 2019.
Sincerely,
Rosemary
K. Bayer
12th
Senate District
State
Senator
The
communications were referred to the Secretary for record.
The
following communication was received:
Office of Senator Rick Outman
September
10, 2019
I respectfully request that my name be added as a
co-sponsor to Senate Bill 455, introduced by Senator Stamas.
If you
have any questions, please do not hesitate to contact my office. Thank you for
your attention to this matter.
Sincerely,
Rick
Outman
State
Senator
33rd
District
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
pro tempore, Senator Nesbitt, designated Senator Santana as Chairperson.
After some time spent therein, the
Committee arose; and the President pro tempore, Senator Nesbitt, having resumed
the Chair, the Committee reported back to the Senate, favorably and with a
substitute therefor, the following bill:
House
Bill No. 4446, entitled
A bill to amend 1976 PA 388, entitled “Michigan
campaign finance act,” by amending sections 4, 5, 6, 9, 12, 21, 24, 26, 34, 35,
41, 51, 54, and 55 (MCL 169.204, 169.205, 169.206, 169.209, 169.212, 169.221,
169.224, 169.226, 169.234, 169.235, 169.241, 169.251, 169.254, and 169.255),
sections 4, 9, 24, 26, 35, 51, 54, and 55 as amended by 2017 PA 119, sections 5
and 41 as amended by 1999 PA 237, section 6 as amended by 2018 PA 607, section
12 as amended by 2001 PA 250, section 21 as amended by 2015 PA 269, and section
34 as amended by 2012 PA 277.
Substitute (S-2)
The Senate agreed
to the substitute recommended by the Committee of the Whole, and the bill as
substituted was placed on the order of Third
Reading of Bills.
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. 30
Senate
Resolution No. 38
Senate
Resolution No. 49
The
motion prevailed.
Senator Johnson offered the following
resolution:
Senate
Resolution No. 74.
A resolution to commemorate September 11-17,
2019, as Michigan Patriot Week.
Whereas, The Michigan
Legislature recognizes that understanding American history and our First Principles is indispensable to the survival of our
republic as a free people. In great reverence to the victims of the September
11, 2001 attacks, the Legislature also acknowledges that American citizens must
take time to honor the First Principles, its founders, our founding documents,
and the symbols of their history; and
Whereas, The events surrounding the
Constitution of the United States of America by the delegates of the
Constitutional Convention on September 17, 1787, not only have significance for
every American, but are also honored in public schools across the nation on
September 17th of each year, which is known as Constitution Day; and
Whereas, Revolution, the rule of law, social
compact, equality, unalienable rights, and limited government are the First
Principles upon which America was founded and flourishes; and
Whereas, Exceptional, visionary, and
indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John
Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther
King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and
James Madison founded and advanced the United States of America; and
Whereas, Key documents that embody America’s
First Principles and have advanced American liberty include the Declaration of
Independence, the Constitution, the congressional resolution forwarding the
Constitution to the states, Marbury v.
Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the
Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream”
speech; and
Whereas, The Bennington
flag, the original Betsy Ross American flag, current American flag, Suffragist
flag, Fort
Sumter flag, Gadsden flag, United States Honor flag, and flag of the state of
Michigan are fundamental physical symbols of
American history and freedom that should be studied and remembered by every
citizen; and
Whereas, We recognize
that each generation needs to renew the spirit of America based on these First Principles, our historical figures, founding documents,
and the symbols of America; and
Whereas, Citizens, schools, other educational
institutions, government agencies, municipalities, as well as nonprofit,
religious, labor, community, and business organizations are urged to recognize
and participate in Patriot Week so that all may offer the reverence that is due
to our free republic; now, therefore, be it
Resolved by the Senate, That we commemorate
September 11-17, 2019, as Michigan Patriot Week which symbolically begins on
September 11th and concludes on September 17th which is Constitution Day.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
Senators Bullock,
Horn, Lucido, MacDonald, Moss, Polehanki
and Santana were named co-sponsors of the
resolution.
The President, Lieutenant Governor
Gilchrist, assumed the Chair.
Introduction
and Referral of Bills
Senator Theis
introduced
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act
of 1969,” by amending section 621 (MCL 418.621), as amended by 1994 PA 271.
The bill was read a first and second time by title and referred to the
Committee on Economic and Small Business Development.
Senators Moss, Bayer, Polehanki,
McMorrow, Geiss, Irwin, Chang and Alexander introduced
A bill to amend 2013 PA 240, entitled “Michigan
state capitol historic site act,” by amending section 6 (MCL 4.1946).
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators Bayer, Wojno, Irwin, Bullock, Polehanki,
McMorrow, Hertel, Brinks, Ananich and Santana
introduced
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 521 (MCL 436.1521), as
amended by 2006 PA 502.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senators Geiss, Wojno,
Bullock, Hertel, Chang, Alexander, Bayer, Brinks, McMorrow, Moss, Irwin,
Santana and Hollier introduced
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
A bill to amend 2018 IL 1, entitled “Michigan
regulation and taxation of marihuana act,” by amending section 8 (MCL
333.27958).
The House of Representatives has passed the
bill by a 3/4 vote 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 Judiciary and Public Safety.
A bill to amend 2016 PA
281, entitled “Medical marihuana facilities licensing act,” by amending section 206 (MCL 333.27206), as amended by
2018 PA 648.
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 Judiciary and Public Safety.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1081.
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 Transportation and Infrastructure.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1091.
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 Transportation and Infrastructure.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1089.
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 Transportation and Infrastructure.
Recess
Senator MacGregor moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time
being 10:21 a.m.
The Senate was called to order by
the President, Lieutenant Governor Gilchrist.
During the recess, Senator Geiss
entered the Senate Chamber.
By unanimous consent the Senate
returned to the order of
Messages from the House
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
House of Representatives has substituted (H-1) the bill.
The
House of Representatives has passed the bill as substituted (H-1), ordered that
it be given immediate effect and pursuant to Joint Rule 20, inserted the full
title.
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 substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving
voting therefor, as follows:
Roll Call No. 196 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.
The Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
Senate Bill No. 362, entitled
A bill to amend 1939 PA 280, entitled “The social welfare
act,” by amending section 107b (MCL 400.107b), as added by 2018 PA 208.
The
House of Representatives has substituted (H-1) the bill.
The
House of Representatives has passed the bill as substituted (H-1), ordered that
it be given immediate effect and pursuant to Joint Rule 20, inserted the full
title.
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 substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving
voting therefor, as follows:
Roll Call No. 197 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 full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
By unanimous consent the Senate
proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate
Bill No. 343
The motion prevailed.
The following bill was read a third
time:
Senate Bill No. 343, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 2705 (MCL 333.2705), as amended by 2016 PA 499.
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. 198 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.
By unanimous consent the Senate
proceeded to the order of
Statements
The motion prevailed.
Senator
Hollier’s statement is as follows:
I’d
like to talk a little bit about 9/11 and the experience that I had. 18 years
ago, I was a high school sophomore with the largest concern being football and
whether or not I was going to start that week. But that all changed as I walked
into a classroom and I saw the biggest fire I had ever seen, which for me is
always very personal because my dad was a firefighter and on big fires like
that my dad was absolutely going to be there.
Very
quickly I realized that that was not in Detroit, as people were talking about
what was happening as my class was watching and viewing something that would
always change our lives. I started to think about it. I thought about what my
dad would have been doing, how different that would be if that were in Detroit,
but it was in New York. We watched live as planes crashed into the towers. We
watched them fall. Like many of you, I had no idea how to process that kind of
information. I had no idea how to deal with it. But it wasn’t the first time I
had had to deal with terrorism as a young child. My family is from Oklahoma and
in 1995 we happened to be in Oklahoma visiting my great uncle just outside of
Oklahoma City, and all morning and all weekend I had been trying to convince my
parents that we really needed to go to Oklahoma City. I guess, luckily for us,
we didn’t, because at the time anyone with Michigan plates was being viewed
very strangely because the people who perpetrated the, at the time, largest
domestic terrorist event, were Michigan residents. 168 people were killed there
at the federal building, but 2,977 were killed on 9/11. Not to mention the 10,000 first responders who responded, to this
day, are still dealing with and grappling with the effects.
For
many of us, we often think about 9/11 and as generations change we don’t often
think about how quickly and how impactful it was for every single one of us. My
aunt was late for work that day and the reason she was late was because she
missed her train. And so as she was walking up out of the subway, the tower
that she worked in, where a majority of her colleagues died, was falling. But
she was okay because she overslept—because she missed the train. One of my
college roommates, her aunt has framed over her mantel a copy of her ticket
from the flight on 9/11. She missed her flight.
Every
day we deal with these very small things that make a difference. But we also
represent a generation that raised their right hand and enlisted. My best
friend enlisted at 17 with his mother’s permission because he wanted to make a
difference. And so he raised his right hand and promised—he swore—to “support
and defend the Constitution of the United
States against all enemies, foreign and domestic” and that he “would bear true
faith and allegiance to the same;” that he would “obey the orders of the
President of the United States and the orders of officers appointed
over” him, so help him God. And in direct response to these terrorist attacks.
But it
has been incredibly costly. The wars in Afghanistan and Pakistan have cost the
lives of more than 480,000 people directly. That means killed from a bomb or
bullet; not from disease, not from famine, and not from any of the other things
that have impacted. The 10,000 first responders and their families are still
grappling with disease, cancer, and all kinds of things that we have to
reconcile with. And the reason I bring that up is because we have more than
1,000 soldiers in the Michigan Army National Guard and airmen who are deployed
at this moment, defending us, standing in the gap. Over the next couple months
you will say “thank you” for their services. But for the firefighters and the
police officers who every day run into these buildings and respond to these
issues, very few people will say “thank you.”
And so,
as you think about this today and as you think about how you remember 9/11, I hope
you remember all the people who every day are responding to the worst day that
we could ever think about; to all these things, and to think about how they
continue to impact us, because we represent a generation of people who have
committed themselves to dealing with this as we now approach the longest war in
our history.
Senator
Barrett’s statement is as follows:
I want to just give some remarks today of course because
of the anniversary we’re facing today of September 11. I appreciate my colleague’s remarks
as well. We have a similar life experience that we’ve chosen to follow down
this path.
I was a
young private over in Korea on the side of a mountain doing field artillery
training when we learned of the attacks here domestically. It was actually September
12 when we were aware of what had happened because of the incredible time zone
difference between our two countries. I woke up that morning and hear a lot of
radio chatter across our communication network and I asked my squad leader, “What
are they talking about?” He said, “Don’t
worry. The Army is giving us a training scenario for this exercise we’re
involved in. It’s just part of that.” I said, “Well, they’re talking about the
Pentagon getting bombed and the World Trade Center collapsing and thousands
of people dead. That seems awfully far-fetched.” He said, “Yeah, I think so,
but it’s what the Army came up with.” Literally it wasn’t for several more
hours until we actually learned of the truth of what had happened with 9/11,
and everything changed after that.
Today,
18 years later, I’m reflecting on this. It makes me really conscious of the
fact that literally starting today, on September 11, 2019, a legal adult can
now enlist in the military of the United States, take an oath, and serve their
country, and be born after the attacks of 9/11, and yet we are still today
involved in conflict in Afghanistan and in countless other places around the
world. I kind of view this a bit like a chronic medical condition where you can
deal with the effects but you can’t ever seem to cure the disease. That seems
to be what our country is grappling with in
regards to terrorism today and in conflicts we’re facing around the world.
Today especially, if we can try not to just let this day
go by as another anniversary, another day of ‘oh yeah, that happened a long time ago, we’ve done this 17 times to remember
this.’ Today I think is a milestone change and I’ve seen it with younger
and younger and younger soldiers coming into our ranks, that we’ve hit a point
just a few years ago where young soldiers coming in couldn’t even remember 9/11
because they didn’t yet have the cognitive ability to remember things as a very
young child. Now, starting today, we’ll have young people coming in who weren’t
even born at the time of the attacks, and yet they volunteer to serve. They’ve
known nothing in their life but our country being at war in one way or another.
I don’t want that to be diminished and would appreciate my colleagues’
attention to that.
A moment of silence was observed in
remembrance of the 18th anniversary of the terrorist attacks of September 11,
2001.
Announcements of Printing and Enrollment
House
Bill Nos. 4126 4127 4485 4572 4611
The Secretary announced that the
following bills and resolutions were printed and filed on Tuesday, September 10
and are available on the Michigan Legislature website:
Senate
Bill Nos. 497 498 499 500 501 502 503 504 505
Senate
Resolution Nos. 72 73
House
Bill Nos. 4925 4926 4927 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937 4938
Scheduled
Meetings
Advice and Consent - Thursday,
September 12, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312
Conference
Committees -
Community
Colleges (SB 134) - Thursday, September 12, 3:00 p.m., Room 352, House
Appropriations Room, Capitol Building (517) 373-2768
Environment, Great Lakes, and Energy (SB 137) - Thursday, September 12, 2:30 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
General Government (SB 138) - Thursday, September 19, 3:45 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517)
373-2768
Health
and Human Services (SB 139) - Thursday, September 19, 4:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Insurance and Financial Services (SB 141) - Thursday, September 19, 3:30 p.m., Harry T. Gast Appropriations
Room, 3rd Floor, Capitol Building (517) 373-2768
Military
and Veterans Affairs (SB 144) - Thursday, September 19, 2:45 p.m.,
Room 352, House Appropriations Room, Capitol Building (517) 373-2768
State
Police (SB 147) - Thursday, September 12, 2:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Transportation
(SB 149) - Thursday, September 19, 4:30 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Criminal
Justice Policy Commission - Wednesday,
September 18, 9:00 a.m., Room 7900, Binsfeld Office Building (517)
373-0212
Economic
and Small Business Development - Thursday, September 12, 12:00 noon,
Room 1200, Binsfeld Office Building (517) 373-1721
Health Policy and Human Services - Thursday, September 12, 1:00 p.m., Room 1100, Binsfeld
Office Building (517) 373-5323
Judiciary
and Public Safety - Thursday, September 12, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373-5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:54 a.m.
The President, Lieutenant Governor Gilchrist, declared
the Senate adjourned until Thursday, September 12, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate