STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, February 12,
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
Senator
Wayne A. Schmidt of the 37th District offered the following invocation:
Dear God,
thank You on behalf of all who are gathered here today. Thank You for Your many
and abundant blessings. Thank You for life itself, for the measure of health
that we need to fulfill our callings, for sustenance, and for friendship. Thank
You for the ability to be involved in useful work and for the honor of bearing
appropriate responsibilities. Thank You for loving us from Your boundless and
gracious nature. Gracious God, help us to work humbly in Your service so that
all may know You are God.
In Your
name we pray. Amen.
The President pro tempore, Senator Nesbitt, led the members of the
Senate in recital of the Pledge of
Allegiance.
Motions and Communications
Senator MacGregor moved that Senators
Zorn and Runestad be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed.
The
following communication was received and read:
Office of the Auditor General
February
5, 2019
Enclosed
is a copy of the following report:
• Performance audit report on the Children of
Veterans Tuition Grant Program, Department of Treasury, (271-0311-18).
Sincerely,
Doug
Ringler
Auditor
General
The audit
report was referred to the Committee on Oversight.
The
following communications were received:
Office of Senator Rosemary Bayer
February
5, 2019
Per Senate
Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate
Bill 2 introduced on January 15, 2019 by Senator Lucido.
February
5, 2019
Per Senate
Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate
Bill 14 introduced on January 15, 2019 by Senator Brinks.
February
5, 2019
Per Senate
Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate
Bill 39 introduced on January 16, 2019 by Senator McBroom.
Sincerely,
Rosemary
Bayer
12th
Senate District
State
Senator
The
communications were referred to the Secretary for record.
The
following communication was received:
Office of Senator Betty Jean Alexander
February
7, 2019
I would
like to add my name as a co-sponsor of Senate Bill 88, which was sponsored by
Senator Stephanie Chang. Thank you for the opportunity and please let me know
if you have any questions.
Sincerely,
Betty
Jean Alexander
State
Senator
5th
District-Detroit, Dearborn Heights,
Garden
City, Inkster, and Redford
The
communication was referred to the Secretary for record.
The following message from the Governor
was received on February 8, 2019, and read:
EXECUTIVE ORDER
No. 2019-03
Department
of Environmental Quality
Michigan
PFAS Action Response Team
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Under section 8 of article 5 of the
Michigan Constitution of 1963, each principal department of state government is
under the supervision of the governor unless otherwise provided.
Under section 8 of article 5 of the
Michigan Constitution of 1963, the governor is responsible to take care that
the laws are faithfully executed.
Section 51 of article 4 of the
Michigan Constitution of 1963 declares the public health and general welfare of
the people of the State of Michigan as matters of primary public concern.
Section 52 of article 4 of the
Michigan Constitution of 1963 declares the conservation and development of the
natural resources of the state as a paramount public concern in the interest of
the health, safety, and general welfare of the people of the State of Michigan.
The State of
Michigan has recognized the prevalence of perfluoroalkyl and polyfluoroalkyl
substances (PFAS), which the U.S. Environmental Protection Agency has
classified as contaminants. These chemicals are used in thousands of
applications throughout the industrial, food, and textile industries and are an
ingredient in some firefighting foams, food packaging, cleaning products, and
various other household items. They are incredibly stable, breaking down slowly
in the environment, and are highly soluble, easily transferring through soil to
groundwater.
In 2017 the Michigan PFAS Action
Response Team (“MPART”) was created as a temporary body by executive directive
to investigate sources and locations of PFAS and protect drinking water and
public health. Over the past few years, MPART has identified PFAS in several
counties, cities, and towns throughout Michigan. Its work continues today.
This executive
order establishes MPART as an established, enduring body to address the threat
of PFAS contamination in Michigan, protect public health, and ensure the safety
of Michigan’s land, air, and water, while facilitating inter-agency
coordination, increasing transparency, and requiring clear standards to ensure
accountability.
Acting pursuant to the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creation
of the Michigan PFAS Action Response Team
(a) The
Michigan PFAS Action Response Team (“MPART”) is created as an advisory body
within the Department of Environmental Quality (the “Department”).
(b) MPART
will consist of the following members:
(1) The
director of the Department, or the director’s designee from within the
Department.
(2) The
director of the Department of Health and Human Services, or the director’s
designee from within that department.
(3) The
director of the Department of Natural Resources, or the director’s designee
from within that department.
(4) The
director of the Department of Agriculture and Rural Development, or the
director’s designee from within that department.
(5) The
director of the Department of Transportation, or the director’s designee from
within that department.
(6) The
director of the Department of Military and Veteran Affairs, or the director’s
designee from within that department.
(7) The
director of the Department of Licensing and Regulatory Affairs, or the director’s
designee from within that department.
(c) Members
of MPART under sections 1(b) are ex officio members and serve at the pleasure
of the governor.
(d) The
director of the Department, or the director’s designee from within the
Department, will serve as the chairperson of MPART.
2. Charge
to MPART
(a) MPART
will provide recommendations to the director of the Department, and the heads
of other departments or agencies, and coordinate activities among departments
and agencies.
(b) MPART
will research, identify, recommend, and implement PFAS response actions
relative to the discovery, communication, and mitigation of PFAS, and will do
all the following.
(1) Identify
impacted locations and implement an action plan to assist state and local
authorities to ensure the safety of Michigan’s land, air, and water.
(2) Assess
the status of any PFAS contaminated site and develop individualized response
strategies.
(3) Continue
to develop, as needed, environmental response protocols for all positively
identified sites, as well as specialized site plans.
(4) Continue
to develop, as needed, public health protocols to ensure that public health and
medical stakeholder groups are informed and integrated.
(5) Develop routine communication and
information-sharing protocols between all members and stakeholders.
(6) Perform outreach to ensure all stakeholders in
impacted areas are informed, educated, and empowered. Stakeholder outreach will
include, but is not limited to, residents, community members, other partner
organizations, tribal governments, local government officials, and other
elected officials representing the impacted areas.
(7) Perform
outreach to ensure the general public is informed about PFAS contamination and
the work of MPART.
(8) Identify
avenues of funding for PFAS identification and remediation efforts.
(9) Create
measurable goals and objectives along an established timeline.
(10) Recommend
changes in Michigan law.
(11) Recommend
structural changes necessary to address other threats to the environment,
public health and safety, which MPART identifies while performing its duties.
(12) Perform
other duties as requested by the director of the Department or the governor.
(c) MPART
will report regularly to the governor on its activities.
3. Operations
of MPART
(a) The
Department will assist MPART in the performance of its duties and provide
personnel to staff MPART. The budgeting, procurement, and related management
functions of MPART will be performed under the direction and supervision of the
director of the Department.
(b) MPART
will adopt procedures consistent with Michigan law and this order governing its
organization and operations.
(c) A
majority of the members of MPART serving constitutes a quorum for the
transaction of the business of MPART, which will act by a majority vote of its
serving members.
(d) MPART
will meet at the call of its chairperson and as otherwise provided in
procedures adopted by MPART.
(e) MPART
may establish advisory workgroups composed of individuals or entities
participating in MPART activities or other members of the public as deemed
necessary by MPART to assist MPART in performing its duties and
responsibilities. MPART may adopt, reject, or modify any recommendations
proposed by an advisory workgroup.
(f) MPART may, as appropriate, make inquiries,
studies, investigations, hold hearings, and receive comments from the public. MPART
may also consult with outside experts in order to perform its duties,
including, but not limited to, experts in the private sector, government
agencies, and at institutions of higher education.
(g) MPART
may hire or retain contractors, sub-contractors, advisors, consultants, and
agents, and may make and enter into contracts necessary or incidental to the
exercise of the powers of MPART and the performance of its duties as the
Director deems advisable and necessary, consistent with this order and applicable
law, rules and procedures, subject to available funding.
(h) MPART
may accept donations of labor, services, or other things of value from any
public or private agency or person. Any donations shall be received and used in
accordance with law.
(i) Members
of MPART will coordinate all legislative and media contacts that directly
involve the work of MPART.
4. Implementation
(a) All
departments, committees, commissioners, or officers of this state shall give to
MPART, or to any member or representative of MPART, any necessary assistance
required by MPART, or any member or representative of MPART, in the performance
of the duties of MPART so far as is compatible with their duties and consistent
with this order and applicable law. Free access also must be given to any
books, records, or documents in their custody relating to matters within the
scope of inquiry, study, or review of MPART, consistent with applicable law.
(b) If
any portion of this order is found to be unenforceable, the unenforceable
provision should be disregarded and the rest of the order should remain in
effect as issued.
(c) This
order is effective upon filing.
Given under my hand and the Great
Seal of the State of Michigan.
Date:
February 4, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to
the Committee on Government Operations.
The following message from the
Governor was received on February 11, 2019, and read:
EXECUTIVE ORDER
No. 2019-04
Declaration
of State of Emergency
This past week several parts of
Michigan have experienced severe winter weather. These events caused widespread
and extended power outages, hazardous driving conditions, and localized
flooding, causing an immediate threat to public health and safety due to
exposure to freezing temperatures, structural hazards, exposure to potential
contaminants, and increased emergency vehicle response times due to road
hazards and inaccessible roadways and bridges.
Beginning on February 7, 2019, the
City of Grand Rapids in Kent County has taken several actions to cope with the
situation, including but not limited to: declaring a local state of emergency;
activating the disaster response and recovery aspects for their emergency
operations plans; evacuating and providing shelter to affected residents; and
issuing emergency public information.
Local resources have been
insufficient to address the situation and the assistance of voluntary
organizations and the state are required to protect public health, safety, and
property, and to lessen or avert the threat of more severe and persisting
impacts to the community.
Under the
Emergency Management Act, 1976 PA 390, MCL 30.403(4), “[t]he governor shall, by
executive order or proclamation, declare a state of emergency if he or she
finds that an emergency has occurred or that the threat of an emergency exists.”
Therefore, acting pursuant to the Michigan Constitution of 1963 and Michigan
law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421,
I order the following:
1. A
state of emergency is declared for the City of Grand Rapids.
2. The
Emergency Management and Homeland Security Division of the Department of State
Police shall coordinate and maximize all state efforts and may call upon all state
departments to utilize available resources to assist in the designated area
pursuant to the Michigan Emergency Management Plan.
3. The
state of emergency is terminated at such time as the threats to public health,
safety, and property caused by the emergency no longer exist, and appropriate
programs have been implemented to recover from the effects of this emergency,
but in no case later than March 9, 2019, unless extended as provided by 1976
Public Act 390, as amended.
Date: February 9, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to
the Committee on Government Operations.
The following message from the Governor
was received and read:
February 8, 2019
I respectfully submit to the Senate
pursuant to Public Act 3 of 1939, MCL 460.1, the following appointment to
office:
Michigan
Public Service Commission
Mr. Dan Scripps, a Democrat, P.O. Box 474,
Northport, Michigan 49670, county of Leelanau, succeeding Rachael Eubanks who
has resigned, is appointed for a term commencing February 25, 2019 and expiring
July 2, 2023.
Respectfully,
Gretchen Whitmer
Governor
The appointment was referred to the
Committee on Advice and Consent.
By unanimous consent the Senate proceeded
to the order of
Introduction
and Referral of Bills
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 35317 (MCL
324.35317), as amended by 2012 PA 297.
The bill was read a first and second time by
title and referred to the Committee on Natural Resources.
Senators Outman, Wojno, Johnson, Daley and
Victory introduced
A bill to amend 1915 PA 31, entitled “Youth
tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641,
722.642, and 722.644), as amended by 2006 PA 236, and by adding sections 2b and
2c.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senators Irwin, Wojno, McMorrow, Geiss,
Ananich, Hollier, Alexander and Chang introduced
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA
38.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Statements
Senator MacGregor moved that rule
3.901 be suspended to allow photographs to be taken from the Senate floor,
including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator MacGregor moved that rule
3.902 be suspended to allow the guests of all Senators admittance to the Senate
floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator
MacGregor moved that the Senate recess until 6:00 p.m.
The
motion prevailed, the time being 10:11 a.m.
The Senate reconvened at the
expiration of the recess and was called to order by the President, Lieutenant
Governor Gilchrist.
During the recess, Senators Zorn,
Hollier, Moss, Santana, Wojno, Bayer, Alexander, Chang, Geiss and Ananich
entered the Senate Chamber.
Recess
Senator MacGregor moved that the Senate
recess subject to the call of the Chair.
The motion prevailed, the time being
6:01 p.m.
6:12 p.m.
The Senate was called to order by
the President, Lieutenant Governor Gilchrist.
Joint Convention
The
Sergeant at Arms announced a committee from the House of Representatives,
Representatives Schroeder, Green, Tyrone Carter and Stone, who reported that
the House was ready to meet with the Senate in Joint Convention.
The
President, Lieutenant Governor Gilchrist, announced that the hour had arrived
for the meeting of the two houses in Joint Convention.
Senator
MacGregor moved that the Senate recess for the purpose of proceeding to the
Hall of the House of Representatives for Joint Convention.
The
motion prevailed, the time being 6:14 p.m.
(For
proceedings in Joint Convention, see House Journal No. 13, p. 118.)
The
Senate reconvened at the expiration of the recess at 8:08 p.m. and pursuant to
rule 1.101, in the absence of the Presiding Officers, was called to order by
the Secretary of the Senate.
The
Secretary of the Senate announced that the Senate had attended the Joint
Convention in the Hall of the House of Representatives and had received the
State of the State message by Governor Whitmer.
Announcements of Printing and Enrollment
The
Secretary announced that the following bills, joint resolution, and resolutions
were printed and filed on Thursday, February 7, and are available on the
Michigan Legislature website:
Senate Bill Nos. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104
Senate Resolution Nos. 10 11
House Bill Nos. 4160 4161 4162 4163 4164
House
Joint Resolution D
Committee
Reports
COMMITTEE
ATTENDANCE REPORT
The Committee on Advice and Consent
submitted the following:
Meeting held on Thursday, February 7, 2019
at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Lucido (C), LaSata,
Nesbitt, McBroom and Hertel
COMMITTEE
ATTENDANCE REPORT
The Committee on Agriculture
submitted the following:
Meeting held on Thursday, February 7,
2019, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Daley (C), Victory,
Lauwers and Polehanki
Excused: Senator Ananich
COMMITTEE
ATTENDANCE REPORT
The Committee on Health Policy and
Human Services submitted the following:
Meeting held on Thursday, February 7,
2019, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators VanderWall (C), Bizon,
Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
COMMITTEE
ATTENDANCE REPORT
The Committee on Judiciary and
Public Safety submitted the following:
Meeting held on Thursday, February 7,
2019, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Lucido (C), VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
COMMITTEE
ATTENDANCE REPORT
The Committee on Oversight submitted
the following:
Meeting held on Thursday, February 7,
2019, at 10:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Lucido,
Theis, MacDonald and Irwin
Scheduled
Meetings
Advice and
Consent - Wednesday, February 13, 3:00 p.m., Room 1100 and
Thursday, February 14, 12:00 noon, Room 1200, Binsfeld Office Building (517)
373-5312
Appropriations -
Subcommittees
-
Justice
and Public Safety - Thursdays, February 14 and February 28,
1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Natural
Resources and Environmental Quality - Tuesday, February 19, 8:30 a.m.,
Rooms 402 and 403, Capitol Building (517) 373-2768
Health Policy
and Human Services - Thursday, February
14, 1:30 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Insurance and
Banking - Wednesday, February 13, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373‑5314
Judiciary and Public Safety - Thursday,
February 14, 9:15 a.m. EST, Room 1100, Binsfeld Office Building
Remote Access: Dickinson County, 41st Circuit Court, 705
S. Stephenson Avenue, Iron Mountain (517) 373-5312
Oversight - Wednesday,
February 13, 9:15 a.m., Room 1200, Binsfeld Office Building
Remote
Access: Escanaba Location, Michigan Works!, 2950 College Avenue, Escanaba; and
Marquette Location, Michigan Works!, 1498 O’Dovero Drive, Marquette (517)
373-5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 8:09 p.m.
The Secretary of the Senate declared the Senate adjourned
until Wednesday, February 13, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate