STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, February 26, 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
Senator Wayne A. Schmidt of the 37th
District offered the following invocation:
Dear God, thank You for Your amazing power and work in our lives. Thank You for Your goodness and for Your blessings over us. Thank You that You are able to bring hope through even the toughest times, strengthening us for Your purposes. Thank You for Your great love and care. Thank You for Your mercy and grace. Thank You that You are always there with us and never leave us. Thank You for Your incredible sacrifice so that we might have freedom and life.
Help us to set our eyes and hearts upon You. Renew our spirits and fill us with Your peace and joy.
We give You praise and thanks. In Your name we pray. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the
Senate in recital of the Pledge of
Allegiance.
Motions and Communications
Senator Lauwers moved that Senator Shirkey be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
Senator Shirkey entered the Senate Chamber.
The following communication was received
and read:
Office of the Senate Majority Leader
February
25, 2019
Pursuant
to MCL 324.32803, I appoint the following individuals to the Water Use Advisory Council.
Andrew
Such, MMA representing Business and Manufacturing
Laura
Campbell, Farm Bureau representing Agricultural Organization
Bryan
Burroughs, Trout Unlimited representing Anglers Association
Dr.
Gary Dawson, Consumers Energy representing Public Utilities
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communication was referred to the
Secretary for record.
The
following communication was received and read:
Office
of the Auditor General
February 21, 2019
Enclosed is a copy of the following reports:
• Report on Internal Control, Compliance, and Other Matters for the
Michigan Strategic Fund (186-0401-19).
• Report on Internal Control,
Compliance, and Other Matters for the Michigan Economic Development Corporation
(186-0406-19).
• Performance audit report on
the Michigan State Disbursement Unit, Office of Child Support, Michigan
Department of Health and Human Services (431-0142-18).
Sincerely,
Doug
Ringler
Auditor
General
The audit reports were referred to the
Committee on Oversight.
The
following communications were received:
Department of State
Administrative Rules
Notices of Filing
January 2, 2019
In accordance with the requirements 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 Office of Regulatory Reinvention filed
Administrative Rule #2018-008-MA (Secretary of State Filing #19-01-01) on this
date at 4:04 p.m. for the Department of Military and Veteran Affairs entitled, “Veterans
Home Rules.”
These rules become
effective immediately upon filing with the Secretary of State unless adopted
under section 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 requirements 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 Office of Regulatory Reinvention filed
Administrative Rule #2018-010-TP (Secretary of State Filing #19-01-02) on this
date at 4:04 p.m. for the Department of Transportation entitled, “Motor Bus
Transportation.”
These rules become
effective immediately upon filing with the Secretary of State unless adopted
under section 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 requirements 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 Office of Regulatory Reinvention filed
Administrative Rule #2018-056-IF (Secretary of State Filing #19-01-03) on this
date at 4:04 p.m. for the Department of Insurance and Financial Services
entitled, “Credit for Reinsurance.”
These rules become effective immediately upon filing with the Secretary
of State unless adopted under section 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.
Messages from the Governor
The following message from the Governor was
received and read:
February 22, 2019
I respectfully submit to the Senate pursuant
to Public Act 346 of 1966, MCL 125.1421, please be advised of the following
appointment to office:
Michigan
State Housing Development Authority
Mr. Paul Ajegba, of 3738 Creekside Court, Ann Arbor, Michigan 48105,
county of Washtenaw, is appointed to represent principal department heads of
the executive branch of the state government for a term commencing February 22,
2019 and expiring at the pleasure of the Governor.
Respectfully,
Gretchen
Whitmer
Governor
The appointment was referred to the Committee
on Advice and Consent.
The following message from the Governor was
received and read:
February 22, 2019
I respectfully submit to the Senate pursuant to Public Act 346 of 1966,
MCL 125.1421, please be advised of the following withdrawal of appointment:
Michigan
State Housing Development Authority
Ms. Stephanie Beckhorn, 105 W. Allegan Street, Lansing, Michigan 48933,
county of Ingham, is appointed to represent principal department heads of the
executive branch of the state government for a term commencing February 15,
2019 and expiring at the pleasure of the Governor.
Respectfully,
Gretchen
Whitmer
Governor
The message was referred to the Committee on
Advice and Consent.
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:08 a.m.
The Senate was called to order by the President pro tempore, Senator Nesbitt.
During the recess, Senator Ananich entered the Senate Chamber.
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 3, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5744 (MCL 600.5744), as amended by 2004 PA 105.
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. 9 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
Resolutions
Senate Resolution No. 17
The
motion prevailed, a majority of the members serving voting therefor.
Senators Lucido and Nesbitt offered the following resolution:
Senate Resolution No. 17.
A resolution to honor the Michigan Fraternal Order of Police (FOP) on their 80th Anniversary.
Whereas, The State Lodge of Michigan was formed in 1939 and is proud to be one of Michigan’s largest and oldest law enforcement organizations which has a membership of over 10,000 members organized in 54 lodges located throughout the state; and
Whereas, The Michigan FOP is recognized as the voice of law enforcement in Michigan where it has held a seat on the Michigan Commission on Law Enforcement Standards (MCOLES) since its inception in 1965, holds a seat on the 911 Advisory Board, and a seat on the statewide Sheriff’s Advisory Committee; and
Whereas, Our state congratulates the Michigan Fraternal Order of Police for their strong influence in the legislature, their considerate and charitable efforts on behalf of the officers in need, and for the FOP’s efforts at increasing the public’s confidence toward the police to the benefit of the peace as well as the public; and
Whereas, Each and every day, these selfless men and women put on their uniform and risk their lives for their communities; and
Whereas, For the FOP, it is more than a job- it is a calling; and
Whereas, We want to take this time to honor and appreciate the members of the Michigan Fraternal Order of Police on their anniversary by saying thank you to all of their brave officers; now, therefore, be it
Resolved by the Senate, That the members of this legislative body honor the 80th Anniversary of the Michigan Fraternal Order of Police; and be it further
Resolved, That copies of this resolution be transmitted to the Governor of the state of Michigan.
The question being on the adoption of the resolution,
Introduction and Referral of Bills
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2018 PA 113.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Brinks, Geiss, Chang, Alexander, McCann, Ananich, Wojno, Polehanki, Irwin, Hertel, Moss, Bullock and Hollier introduced
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2018 PA 114.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Barrett introduced
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 18 (MCL 567.238), as amended by 2010 PA 197.
The bill was read a first and second time by title
and referred to the Committee on Families, Seniors and Veterans.
Senators Chang, Geiss, Bayer, Wojno, Polehanki and Bullock introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1258.
The bill was read a first and second time by title
and referred to the Committee on Education and Career Readiness.
Senators VanderWall, Hertel, Geiss, Wojno, Ananich, Victory, Bayer, Barrett, Polehanki, Runestad and Chang introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as amended by 2018 PA 101.
The bill was read a first and second time by title
and referred to the Committee on Health Policy and Human Services.
Senators Hertel, VanderWall, Geiss, Wojno, Ananich, Victory, Bayer, Barrett, Polehanki, Runestad and Chang introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7104 (MCL 333.7104), as amended by 2001 PA 233.
The bill was read a first and second time by title
and referred to the Committee on Health Policy and Human Services.
Senators Schmidt, Bumstead, Daley, Bayer, Barrett,
Polehanki, Geiss, MacGregor and VanderWall introduced
A bill to amend 2016 PA 436, entitled “Unmanned
aircraft systems act,” by amending section 5 (MCL 259.305).
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Announcements of Printing and Enrollment
Senate Bill Nos. 117 118 119 120 121 122
House Bill Nos. 4218 4219 4220 4221 4222 4223 4224 4225 4226 4227 4228
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Advice and Consent submitted the following:
Meeting held on Thursday, February 21, 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 Health Policy and Human Services submitted the following:
Meeting held on Thursday, February 21, 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 Subcommittee on Natural Resources and Environmental Quality submitted the following:
Meeting held on Tuesday, February 26, 2019, at 8:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Bumstead (C), Outman, Victory, McCann and Bayer
Scheduled Meetings
Advice and Consent - Wednesday,
February 27, 3:00 p.m., Room 1100 and Thursday, February 28, 11:30 a.m.,
Room 1300, Binsfeld Office Building (517) 373-5312
Agriculture and Agriculture and Rural
Development Appropriations Subcommittee - Thursday, February 28, 3:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-5314
Appropriations and House Appropriations - Tuesday,
March 5, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji (517) 373-5307
Subcommittees -
Agriculture
and Rural Development and Agriculture- Thursday, February 28, 3:00 p.m., Room 1300, Binsfeld Office
Building (517) 373-2768
Community Health/Human Services - Wednesday,
February 27, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-2768
Justice and Public Safety - Thursday,
February 28, 1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
K-12 and Michigan Department of Education -
Thursday, February 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd
Floor, Capitol Building (517) 373-2768
Criminal
Justice Policy Commission -
Wednesday, March 6, 9:00 a.m., Room 405, 4th Floor, Capitol Building
(517) 373-0212
Economic and Small Business Development - Thursday,
February 28, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721
Finance - Wednesday, February 27, 12:30
p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Health Policy and Human Services - Thursday,
February 28, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Insurance and Banking - Wednesday,
February 27, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5314
Judiciary and Public Safety - Thursday,
February 28, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Natural Resources - Wednesday, February
27, 9:00 a.m. EST, Room 1300, Binsfeld Office Building
Remote Access: Dickinson County Circuit Court, 705 S. Stephenson Avenue, Iron Mountain (517) 373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:10 a.m.
The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Wednesday, February 27, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate