STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, March 7, 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—excused MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Pastor Daniel Wilson of Covey Hill
Baptist Church of Paw Paw offered the following invocation:
O sovereign Lord, maker of heaven
and earth, the sea and all that is in them, You have made us, O Lord. You are
just and good, and Your steadfast love endures forever. You have not only made
us but we believe You have made us for these days in which we now live, and we
know and feel our limitations. We doubt our ability to reliably navigate our
complex callings. Our times are marked with harsh tone and division, our nation
feels pulled in the direction of extremes. Yet, Jesus, we hear You say, “Blessed
are the peacemakers for they will be called sons of God.”
I pray for the Senate. Grant this
governing body right humility and boldness for their task. May they maintain a
posture of service toward the people of the state of Michigan, knowing that
You, Lord Jesus, came not to be served but to serve and give Your life as a
ransom for the many. The citizens of this state and the members of the Senate
are among those many—the many for which You died—and your service at the cross
brings eternal life for all who believe. So, remind each of these Senators
today, Lord, that service is greatness. In that sense, make this body great.
When change is slow, may You grant hope to this body because ultimately You
make all things new. What is wrong with the world will one day be righted, when
Christ returns. Father, You have proven it by raising Him from the dead. Many
things disappoint but we thank You, Lord, that in Christ, hope does not
disappoint—hope in the God who brings life and justice and peace, and hope in a
God who raises dead things to life. Please give us hope, that just law and good
policy can make a real difference and the humility to know it will not fix
everything, but You will.
We are thankful for the promise
of Your word—”God opposes the proud but gives grace to the humble.” Lord, we
humble ourselves before You, asking Your great help and wisdom to act justly
and love mercy, extending the benefit of the doubt in disagreement, promising
the common good.
Thank You, Lord, for these men
and women charged with such responsibility to represent the interests of
others. Bless them. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senator Ananich entered the Senate Chamber.
Senator MacGregor moved that
Senator McBroom be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator
Bullock be excused from today’s session.
The motion prevailed.
The
following communications were received:
Department
of State
Administrative Rules
Notices of Filing
January 2, 2019
In
accordance with the provisions of Section 46 of Act No. 306 of the Public Acts
of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is
to advise you that the Michigan Department of Technology, Management and Budget
and the State Office of Regulatory Reinvention filed Administrative Rule
#2017-006-EQ (Secretary of State Filing #19-01-04) on this date at 4:04 p.m.
for the Department of Environmental Quality entitled, “Air Pollution Control -
Part 9. Emission Limitations and Prohibitions - Miscellaneous.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 2, 2019
In accordance with the provisions
of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Department of Technology, Management and Budget and the State Office of
Regulatory Reinvention filed Administrative Rule #2017-068-EQ (Secretary of
State Filing #19-01-05) on this date at 4:04 p.m. for the Department of
Environmental Quality entitled, “Air Pollution Control - Part 2. Air Use
Approval.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn
Benson
Secretary
of State
Robin
L. Houston, Departmental Supervisor
Office
of the Great Seal
The
communications were referred to the Secretary for record.
Resolutions
Senator Nesbitt offered the
following resolution:
Senate Resolution No. 21.
A resolution to oppose the Green New Deal as outlined in U.S. House
Resolution 109 and U.S. Senate Resolution 59 and encourage our national leaders
to pursue smarter evidence-based regulatory practices.
Whereas, U.S. House Resolution 109 and U.S. Senate Resolution 59 have
been introduced in Congress recognizing the duty of the federal government to
create a Green New Deal. The Green New Deal calls for an elimination of
greenhouse gas emissions through public works projects and federal regulation.
In addition to climate goals, the plan includes far reaching social promises
that are contrary to traditional American principles by providing a basic
income for able-bodied adults unwilling to work; and
Whereas, The projects proposed in the Green New
Deal would be extremely expensive. One analysis estimated the cost could be as
high as $93 trillion over 10 years, which would lead to crippling new taxes and
debt; and
Whereas, Well established American industries would be harmed by excessive
environmental regulation proposed in the Green New Deal. Our trucking,
automobile, and agriculture industries would all be affected, putting countless
jobs at risk; and
Whereas, The Green New Deal would stifle economic development and
consumers will bear the burden. Rather than allow efficient market forces to
put pressure on businesses to lower greenhouse gas emissions, business
decisions will be based on the whims of federal regulation at the expense of
consumer affordability and employee wages; and
Whereas, Achieving the goals set out in the Green New Deal may not even
be technologically feasible in the 10-year time-frame. There is no
justification for the enormous economic harm this deal will cause especially if
it cannot meet its stated goals; now, therefore, be it
Resolved by the Senate, That we oppose the Green New Deal as outlined in
U.S. House Resolution 109 and U.S. Senate Resolution 59 and encourage our
national leaders to pursue smarter evidence-based regulatory practices; and be
it further
Resolved, That copies of this resolution be
transmitted to the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of the Michigan
congressional delegation.
Pursuant
to rule 3.204, the resolution was referred to the Committee on Government
Operations.
Senators Barrett, Daley, Lauwers, Lucido,
MacGregor, Runestad, Theis,
VanderWall and Victory were named co-sponsors of the
resolution.
Introduction and Referral of
Bills
Senators McBroom, Moss, Barrett, Lucido, Theis and Runestad introduced
Senate Joint Resolution E, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 4 of article VIII, to update the enumeration of public universities and to require that the meetings of governing boards of public universities are open to the public.
The joint resolution was read a first and second
time by title and referred to the Committee on Oversight.
Senators Alexander, Wojno,
Bayer, McMorrow, Chang, Geiss, Ananich, Hertel, Polehanki, Hollier, Irwin, McCann, Brinks, Moss and Bullock
introduced
A bill to amend 2018 PA 337, entitled “Improved workforce opportunity wage act,” by amending sections 4 and 4d (MCL 408.934 and 408.934d), as amended by 2018 PA 368.
The bill was read a first and second time by title
and referred to the Committee on Government Operations.
Senator Daley introduced
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1084.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator McBroom introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766c (MCL 333.17766c), as amended by 2014 PA 216.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
Senator Stamas
introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2018 PA 232.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senator Stamas
introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 513 (MCL 500.513), as added by 2001 PA 24.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Stamas
introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676d (MCL 257.676d), as added by 2014 PA 303.
The bill was read a first and second time by title
and referred to the Committee on Local Government.
Senator Daley introduced
A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending the title and sections 1, 3, 7, 9, 11b, 12, 14, 19, 20, 22, 31, 39, 40, 43, and 44 (MCL 287.701, 287.703, 287.707, 287.709, 287.711b, 287.712, 287.714, 287.719, 287.720, 287.722, 287.731, 287.739, 287.740, 287.743, and 287.744), the title and section 43 as amended by 1996 PA 369, sections 1, 20, 39, and 40 as amended by 2000 PA 323, sections 3, 9, 11b, 14, 19, 22, and 44 as amended by 2002 PA 458, section 7 as amended by 1994 PA 41, and sections 12 and 31 as amended by 2003 PA 271, and by adding sections 3a, 3b, 12a, 12b, 14a, 17b, 17c, 17d, 40a, 40b, and 43a; and to repeal acts and parts of acts.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senator Daley introduced
A bill to amend 1994 PA 358, entitled “An act to regulate the possession of ferrets; to provide for the licensing of ferrets; to provide for requirements for importation and rabies control procedures for ferrets; to provide for the powers and duties of certain governmental entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 1 (MCL 287.891).
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senator Daley introduced
A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending sections 4 and 7 (MCL 287.124 and 287.127), as amended by 2012 PA 317.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senators Ananich and
Daley introduced
A bill to amend 1996 PA 199, entitled “Michigan aquaculture development act,” by amending sections 6 and 8 (MCL 286.876 and 286.878).
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senators Victory and Daley introduced
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 34c (MCL 211.7dd and 211.34c), section 7dd as amended by 2015 PA 107 and section 34c as amended by 2012 PA 409.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senators Victory and Daley introduced
A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” by amending section 2 (MCL 290.652), as amended by 2002 PA 601.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senators Lauwers and
Daley introduced
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2015 PA 213.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senators Lauwers and
Daley introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50 and 50b (MCL 750.50 and 750.50b), as amended by 2018 PA 452.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senator McBroom introduced
A bill to amend 2012 PA 487, entitled “Wildlife
depredations indemnification act,” by amending sections 2 and 3 (MCL
285.362 and 285.363).
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senators McBroom and Daley introduced
A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002), as amended by 2016 PA 299.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senator VanderWall
introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17905 and 17906 (MCL 333.17905 and 333.17906), as amended by 2015 PA 166.
The bill was read a first and second time by title
and referred to the Committee on Regulatory Reform.
Senator Stamas
introduced
A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 196 and 201 (MCL 280.196 and 280.201), section 196 as amended by 2008 PA 509 and section 201 as added by 2016 PA 171.
The bill was read a first and second time by title
and referred to the Committee on Local Government.
Senator Hertel introduced
A bill to create the lawful internet gaming act; to impose requirements for persons to engage in internet gaming; to create the division of internet gaming; to provide for the powers and duties of the division of internet gaming and other state governmental officers and entities; to impose fees; to impose tax and other payment obligations on the conduct of licensed internet gaming; to create the internet gaming fund; to prohibit certain acts in relation to internet gaming and to prescribe penalties for those violations; to require the promulgation of rules; and to provide remedies.
The bill was read a first and second time by title
and referred to the Committee on Regulatory Reform.
Senator Moss introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310d.
The bill was read a first and second time by title
and referred to the Committee on Regulatory Reform.
Senator Bumstead
introduced
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as amended by 2016 PA 272.
The bill was read a first and second time by title
and referred to the Committee on Regulatory Reform.
Senator Hertel introduced
A bill to amend 1996 IL 1, entitled “Michigan gaming control and revenue act,” by amending sections 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9, 9a, 9b, 9c, 12, 12a, 14, 18, 21, and 25 (MCL 432.202, 432.204, 432.204a, 432.204c, 432.204d, 432.205, 432.206, 432.206a, 432.206c, 432.207a, 432.207c, 432.208, 432.209, 432.209a, 432.209b, 432.209c, 432.212, 432.212a, 432.214, 432.218, 432.221, and 432.225), sections 2, 4, 5, 6, 8, 9, and 14 as amended and sections 4a, 4c, 4d, 6a, 6c, 7a, 7c, 9a, 9b, 9c, 12a, 18, 21, and 25 as added by 1997 PA 69 and section 12 as amended by 2004 PA 306; and to repeal acts and parts of acts.
The bill was read a first and second time by title
and referred to the Committee on Regulatory Reform.
Senator Schmidt introduced
A bill to regulate the conduct of fantasy contests; to protect Michigan participants in fantasy contests; to require licensing of the operators of fantasy contests; to impose fees on the operators of fantasy contests; to provide for the powers and duties of certain state governmental officers and entities; to prohibit violations of this act; to prescribe civil sanctions; and to prescribe penalties.
The bill was read a first and second time by title
and referred to the Committee on Regulatory Reform.
Announcements of Printing and Enrollment
The Secretary announced that the
following bills were printed and filed on Wednesday, March 6, and are available
on the Michigan Legislature website:
Senate
Bill No. 167
House
Bill Nos. 4295 4296 4297 4298
Committee Reports
COMMITTEE
ATTENDANCE REPORT
The
Committee on Finance submitted the following:
Meeting
held on Wednesday, March 6, 2019, at 12:30 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall, Chang and
Alexander
COMMITTEE
ATTENDANCE REPORT
The
Subcommittee on Community Health/Human Services submitted the following:
Meeting held on Wednesday, March 6, 2019, at 12:00 noon,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present:
Senators MacGregor (C), Bizon, Schmidt, LaSata, MacDonald, Barrett, Hertel, Irwin and Santana
COMMITTEE
ATTENDANCE REPORT
The
Committee on Advice and Consent submitted the following:
Meeting
held on Wednesday, March 6, 2019, at 3:00 p.m., Room 1100, Binsfeld Office
Building
Present:
Senators Lucido (C), LaSata,
Nesbitt, McBroom and Hertel
COMMITTEE
ATTENDANCE REPORT
The
Committee on Families, Seniors, and Veterans submitted the following:
Meeting
held on Wednesday, March 6, 2019, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Bizon (C), Barrett, Runestad,
Johnson, Zorn, Bullock and Alexander
COMMITTEE
ATTENDANCE REPORT
The
Committee on Agriculture submitted the following:
Meeting
held on Thursday, March 7, 2019, at 8:30 a.m., Room 1200, Binsfeld Office
Building
Present:
Senators Daley (C), Victory, Lauwers, Ananich and Polehanki
Scheduled
Meetings
Appropriations - Wednesday,
March 13, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517)
373-5307
Subcommittees -
General Government - Wednesdays, March 13, March 20,
April 10, and April 17, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd
Floor, Capitol Building (517) 373-2768
Justice and Public Safety - Thursdays, March 14 and March 21,
1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
K-12 and Michigan Department of
Education - Thursday,
March 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-2768
Natural Resources and Environmental
Quality -
Tuesday, March 12, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Talent and Economic Development/MEDC -
Tuesdays, March 12, March 19, April 9, and April 16, 3:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Transportation - Tuesday, March 12, 12:00 noon,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Families, Seniors, and Veterans - Wednesday, March 13, 3:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-1721
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:16 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Tuesday, March 12, 2019, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate