STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, March 12, 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—excused LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—excused
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
Chaplain John Wichman of the VFW
Hough-Pontius Post 3701 of Lakeview offered the following invocation:
We thank Thee, O Lord, that this
land is still governed by the people’s representatives. Let the democratic
processes be seen at their best.
As these chosen men and women
discharge their duties, guide them, O God, in the decisions they make today.
Give them the grace and humility and shed now Thy guiding light into every
mind. May what be done be so clearly right that it needs no incendiary
justification. We bow in reverence to thank You for the many blessings You have
bestowed upon these elected officials in their endeavor to work toward a better
state government and nation. We ask that You guide these leaders of this state,
so that we may be productive in their discussions and votes toward their goal
of service to Thee, and to this state. We know if this body follows Your
direction, they can do no wrong.
Lord, at
this time, we would like to take a moment to remember those that have served
and those that presently are serving in the military to protect this country,
and give us the freedom to meet as a governing body for our citizens.
This we ask in Your Holy Name.
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 Shirkey be excused from
today’s session.
The motion prevailed.
Senator
Chang moved that Senator Bayer 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 #2017-070-EQ (Secretary of
State Filing #19-01-06) on this date at 4:05 p.m. for the Department of
Environmental Quality entitled, “Part 18. Prevention of Significant
Deterioration of Air Quality.”
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 #2017-071-EQ (Secretary of
State Filing #19-01-07) on this date at 4:05 p.m. for the Department of Environmental Quality entitled, “Part 19. New
Sources Review for Major Sources Impacting Nonattainment Areas.”
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 3, 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 #2015-027-LR
(Secretary of State Filing #19-01-08) on this date at 3:55 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Securities.”
These rules take effect
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.
The
following communication was received:
Office
of Senator Curtis Hertel, Jr.
February 26, 2019
I am writing
to request my addition in co-sponsorship of Senate Bill 54, sponsored by
Senator Wayne Schmidt.
Please feel free to contact me if
you need any further information.
Sincerely,
Curtis
Hertel Jr.
State
Senator
District
23
The communication was referred to
the Secretary for record.
Senate Resolution No. 21, entitled
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.
The motion prevailed, a majority of the
members serving voting therefor, and the resolution was placed on the order of
Resolutions.
Senator MacGregor moved that the
resolution be referred to the Committee on Energy and Technology.
The motion prevailed.
Messages from the Governor
The
following messages from the Governor were received and read:
March 7, 2019
I respectfully submit to the
Senate pursuant to Public Act 196 of 1973, MCL 15.344, please be advised of the
following appointments to office:
State
Board of Ethics
Reverend Leslee
J. Fritz, Democrat, of 11184 S. 29 Mile Road, Albion, Michigan 49224, county of
Calhoun, succeeding Mary Ann Middaugh whose term has expired, appointed for a
term commencing March 7, 2019 and expiring February 7, 2023.
Ms. Catherine McClure, Democrat,
of 10340 Scio Church Road, Chelsea, Michigan 48118, county of Washtenaw,
succeeding Peter H. Webster whose term has expired, appointed for a term
commencing March 7, 2019 and expiring February 7, 2023.
March 8, 2019
I respectfully submit to the
Senate pursuant to MCL 290.657, Public Act 232 of 1965, please be advised of
the following appointment and reappointments to office:
Michigan
Tree Fruit Commission
Mr. Travis Bratschi
of 9511 Elk Lane Road, Williamsburg, Michigan 49690, county of Grand Traverse,
succeeding Mark Miezio whose term has expired,
appointed to represent District 1 fruit growers for a term commencing March 8, 2019
and expiring March 1, 2022.
Mr. James Engelsma,
II of 3520 O’Brien, S.W., Walker, Michigan 49534, county of Kent, reappointed
to represent District 2 fruit growers for a term expiring March 1, 2022.
Mr. Michael R. VanAgtmael of 3488 East Fox Road, Hart, Michigan 49420,
county of Oceana, reappointed to represent District 2 fruit growers for a term
expiring March 1, 2022.
Respectfully,
Gretchen
Whitmer
Governor
The
appointments were referred to the Committee on Advice and Consent.
Messages from the House
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
section 8160 (MCL 600.8160), as amended by 2012 PA 21.
The
House of Representatives has passed the bill, ordered that it be given immediate
effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full
title.
The bill was referred to the Secretary for enrollment
printing and presentation to the Governor.
Introduction and Referral of
Bills
Senators MacDonald, Hollier, Runestad, Lucido, Ananich
and Alexander introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle
code,” by amending section 803f (MCL 257.803f), as amended by 2018 PA 681.
The bill was read a first and
second time by title and referred to the Committee on Transportation and Infrastructure.
Senators Victory, Barrett and Johnson introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle
code,” by amending section 310e (MCL 257.310e), as amended by 2015 PA 11.
The bill was read a first and
second time by title and referred to the Committee on Transportation and
Infrastructure.
Senators Victory, Barrett and Johnson introduced
A bill to amend 2006 PA 384, entitled “Driver education
provider and instructor act,” by amending section 39 (MCL 256.659), as amended
by 2010 PA 16.
The bill was read a first and
second time by title and referred to the Committee on Transportation and
Infrastructure.
Senator Lucido introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding part 32.
The bill was read a first and second time by title and
referred to the Committee on Environmental Quality.
Senators Chang and Lucido introduced
A bill to amend 1953 PA 232, entitled “Corrections code
of 1953,” (MCL 791.201 to 791.285) by adding section 14a.
The bill was read a first and
second time by title and referred to the Committee on Judiciary and Public
Safety.
Senator Lucido introduced
A bill to amend 1976 PA 267, entitled “Open meetings
act,” by amending section 8 (MCL 15.268), as amended by 2018 PA 467.
The bill was read a first and
second time by title and referred to the Committee on Judiciary and Public
Safety.
Senator Lucido introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending section 145d (MCL 750.145d), as amended by 2012 PA
353.
The bill was read a first and
second time by title and referred to the Committee on Judiciary and Public
Safety.
Senator Lucido introduced
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as
amended by 2017 PA 241.
The bill was read a first and
second time by title and referred to the Committee on Judiciary and Public
Safety.
Senators Lucido and Wojno introduced
A bill to allow library employees or agents to carry
and administer opioid antagonists in certain circumstances; to provide access
to opioid antagonists by certain libraries and library employees or agents; and
to limit the civil and criminal liability of certain libraries and library
employees or agents for the possession, distribution, and use of opioid
antagonists under certain circumstances.
The bill was read a first and second time by title and
referred to the Committee on Health Policy and Human Services.
Senators Wojno and Lucido introduced
A bill to amend 1978 PA 368, entitled “Public health
code,” by amending section 17744b (MCL 333.17744b), as amended by 2016 PA 384.
The bill was read a first and second time by title and
referred to the Committee on Health Policy and Human Services.
Senator Nesbitt introduced
A bill to amend 2003 PA 1, entitled “An act to provide
for the audit and examination of this state and state funds; to provide for the
audit and examination of the books and accounts of all branches, departments,
offices, boards, commissions, agencies, authorities, and institutions of this
state; to prescribe powers and duties of certain state officers and employees;
to provide for access to certain records; to provide for the subpoena of
witnesses and production of documents and records; to prescribe penalties; and
to provide for the administration of this act,” by amending the title and
section 1 (MCL 13.101).
The bill was read a first and second time by title and
referred to the Committee on Oversight.
Senator Horn introduced
A bill to amend 1976 PA 451, entitled “The revised
school code,” by amending section 1249b (MCL 380.1249b), as added by 2015 PA
173.
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 1941 PA 207, entitled “Fire prevention
code,” (MCL 29.1 to 29.33) by adding section 3d.
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 Regulatory Reform.
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single
state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4h.
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 Regulatory Reform.
A bill to make, supplement, and adjust appropriations
for certain capital outlay projects for the fiscal year ending September 30,
2019; to provide for expenditure of the appropriations; and to prescribe
certain conditions for the appropriations.
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 Appropriations.
Announcements of Printing and Enrollment
The Secretary announced that the
following House bills were received in the Senate and filed on Thursday, March
7:
House Bill Nos. 4066 4067 4244
The Secretary announced that the
following bills, joint resolution, and resolution were printed and filed on
Thursday, March 7, and are available on the Michigan Legislature website:
Senate Bill Nos. 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190
Senate Joint Resolution E
Senate Resolution No. 21
House
Bill Nos. 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312
Committee Reports
The Committee on Judiciary and Public
Safety reported
Senate Bill No. 29, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by
2016 PA 488.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido,
VanderWall, Barrett, Johnson, Runestad,
Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and Public
Safety reported
Senate Bill No. 30, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 16g of chapter XVII (MCL
777.16g), as amended by 2018 PA 374.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido,
VanderWall, Barrett, Johnson, Runestad,
Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and Public
Safety reported
Senate Bill No. 81, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by repealing section 474 (MCL 750.474).
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido,
VanderWall, Barrett, Johnson, Runestad,
Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and Public
Safety reported
Senate Bill No. 112, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 2918 (MCL 600.2918), as amended by
2014 PA 223.
With the recommendation that the
substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the
bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido,
VanderWall, Barrett, Johnson, Runestad,
Chang and Irwin
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and
Public Safety submitted the following:
Meeting held on Thursday, March 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 Advice and
Consent submitted the following:
Meeting held on Thursday, March 7,
2019, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Lucido
(C), LaSata, Nesbitt and Hertel
Excused: Senator McBroom
COMMITTEE ATTENDANCE REPORT
The Committee on Economic and
Small Business Development submitted the following:
Meeting held on Thursday, March 7,
2019, at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators
Horn (C), VanderWall, MacGregor, Theis,
Lauwers, Schmidt, McMorrow, Geiss and Moss
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy
and Human Services submitted the following:
Meeting held on Thursday, March 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 Subcommittee on Community
Health/Human Services submitted the following:
Meeting held on Thursday, March 7,
2019, at 1:30 p.m., 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 Subcommittee on Natural Resources
and Environmental Quality submitted the following:
Meeting held on Tuesday, March 12,
2019, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Bumstead
(C), Outman, Victory and McCann
Excused: Senator Bayer
Scheduled
Meetings
Advice and Consent - Thursday, March
14, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312
Appropriations - Wednesday, March
13, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Subcommittees
-
Agriculture
and Rural Development - Thursdays,
March 14 and March 21, 3:00 p.m., Room 1300, Binsfeld Office Building (517)
373-2768
Community Health/Human Services - Wednesday, March
13, 12:00 noon, Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building, Thursday, March 14, 1:30 p.m., Room 1200, Binsfeld
Office Building, Wednesday, March 20, 12:00 noon, Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building, and Thursday, March 21, 8:00
a.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-2768
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
Talent
and Economic Development/MEDC - Tuesdays, March 19, April 9, and April
16, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
(517) 373-2768
Universities and Community Colleges - Thursday, March
14, 3:00 p.m., 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
Health
Policy and Human Services - Thursday,
March 14, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Insurance
and Banking - Wednesday, March 13, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373-5314
Judiciary
and Public Safety - Thursday, March 14, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373-5312
Local Government - Thursday, March
14, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721
Natural Resources - Wednesday, March
13, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5312
Transportation
and Infrastructure - Wednesday, March 13, 10:30 a.m.,
or later immediately following Session, Room 1100, Binsfeld Office Building
(517) 373-5323
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:12 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, March 13, 2019, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate