STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, April 10, 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
Pastor Tim Christoson of Bible Baptist Church
of Howell offered the following invocation:
Heavenly Father, we come to You with gratitude for the many ways You
have blessed our state and met so many needs as only You can. Thank You for the
people You have appointed to serve us in the Senate. We also come to You with
humility, aware of our great need for Your grace, Your mercy, Your strength,
and Your guidance. We come to you seeking—seeking Your blessing and guidance
for our state and for this assembly.
We ask for Your safety
for our service members and first responders, and we ask that You would give a
special measure of wisdom to those who lead us and serve us at every level of
our government. Please bless today’s Senate session to serve Your purposes and
to help our neighbors. Bless the lives and the loved ones of those who will
participate in this session, as well as their staffs.
We ask for these things
in the wonderful name of Jesus, Your Son. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the
Senate in recital of the Pledge of
Allegiance.
Motions and Communications
Senator Shirkey entered the Senate Chamber.
Senator MacGregor moved that Senator McBroom 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.
The following communication was received:
Office of Senator Jeff
Irwin
April 2, 2019
I request to be added as
a co-sponsor to Senator Tom Barrett’s Senate Bill 47.
If you have any
questions, please feel free to contact my office.
Sincerely,
Jeff
Irwin
State
Senator – District 18
The communication was
referred to the Secretary for record.
Senator 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 10:05 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senator McBroom
entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and
the President, Lieutenant Governor Gilchrist, designated Senator Barrett as
Chairperson.
After some time spent
therein, the Committee arose; and the Assistant President pro tempore,
Senator Theis, having assumed the Chair, the
Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate
Bill No. 127, entitled
A bill to
amend 1978 PA 368, entitled “Public health code,” by amending section 7303a
(MCL 333.7303a), as amended by 2018 PA 101.
Substitute
(S-1)
Senate Bill No. 128, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7104 (MCL 333.7104), as amended by 2001 PA 233.
Substitute (S-1)
Senate Bill No. 122, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as amended by 2018 PA 235.
Substitute (S-2)
Senate Bill No. 202, entitled
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.
Substitute (S-2)
By unanimous consent the Senate returned to the order of
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 42, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811d (MCL 257.811d), as amended by 2006 PA 562, and by adding section 811gg.
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. 17 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bumstead
Excused—0
Not Voting—0
In The Chair: Theis
The Senate agreed to the title of the bill.
Senate Bill No. 122
Senate Bill No. 202
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 122, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as amended by 2018 PA 235.
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. 18 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: Theis
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 202, entitled
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 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. 19 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
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the
title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senators Runestad, Bizon, Lucido, Alexander, Bayer, Stamas, Chang and Ananich offered the following resolution:
Senate Resolution No. 31.
A resolution to oppose the mass deportation of Iraqi nationals residing in Michigan and the United States.
Whereas, In June 2017, the U.S. Immigration and Customs Enforcement
(ICE) arrested dozens of Michigan Chaldean Iraqis and threatened them with
deportation. Nationwide, approximately 1,400 Iraqi nationals have been targeted
by ICE; and
Whereas, Recognizing the grave danger these individuals face if removed,
a U.S. district court ordered a temporary stay of removal in 2017. The stay of
removal was reversed in December 2018, and an estimated 1,000 individuals are
now at immediate risk of deportation with many more at risk in future months;
and
Whereas, Forcibly removing these individuals
from their homes and communities will put their lives in danger. Many Iraqi
nationals came to the United States as refugees, fleeing perilous conditions in
Iraq. Some are members of religious minorities and will face grievous
persecution in Iraq, not just for their religious beliefs, but for being Americanized;
and
Whereas, Iraqi nationals
complement our American society with a proven history of contributing to the
economic and social well-being of this nation. Metro Detroit has the largest
concentration of Chaldeans outside of Iraq, a population of business owners,
employees, and families that is indispensable to the local economy. They have
lived legally in the U.S. for decades and know no home except for America; now,
therefore, be it
Resolved by the Senate, That we oppose the
mass deportation of Iraqi nationals residing in Michigan and the United States;
and be it further
Resolved, That copies of this resolution be
transmitted to the Acting Director of the U.S. Immigration and Customs
Enforcement and the members of the Michigan congressional delegation.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senators Hollier, Irwin, Moss, Santana and Wojno were named co-sponsors of the resolution.
Introduction and Referral of Bills
Senator LaSata
introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 5505 (MCL
324.5505), as amended by 2005 PA 57.
The bill was read a first and second time by title and
referred to the Committee on Environmental Quality.
Senators MacDonald, Daley, Barrett and Lucido introduced
A bill to amend 1956 PA 218, entitled “The insurance
code of 1956,” by amending section 1204c (MCL 500.1204c), as amended by 2017 PA
67.
The bill was read a first and second time by title and
referred to the Committee on Insurance and Banking.
Senator Chang introduced
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 4a of
chapter IX (MCL 769.4a), as amended by 2013 PA 222.
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 1976 PA 442,
entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section
25.
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 Oversight.
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” by amending section 49 (MCL 750.49), as
amended by 2018 PA 461.
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 1931 PA 328,
entitled “The Michigan penal code,” by amending section 157m (MCL 750.157m), as
amended by 1988 PA 335.
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 1931 PA 328,
entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as
amended by 2014 PA 300.
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 1931 PA 328,
entitled “The Michigan penal code,” by amending section 174 (MCL 750.174), as
amended by 2006 PA 573.
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 1931 PA 328,
entitled “The Michigan penal code,” by amending section 248 (MCL 750.248), as
amended by 2011 PA 206.
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 1931 PA 328,
entitled “The Michigan penal code,” by amending section 411j (MCL 750.411j), as
amended by 2009 PA 82.
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 1931 PA 328,
entitled “The Michigan penal code,” by amending section 377b (MCL 750.377b).
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.
Statements
Senators Polehanki and Runestad asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Polehanki’s statement is as follows:
I was happy to support Senate Bill Nos. 122 and 202 today which amend the teacher and administrator evaluation criteria so that the student-growth portion of year-end evaluations remains at 25 percent and is not increased to 40 percent for the current school year.
However, it is imperative that this is the beginning and not the end of addressing this issue. The impact of the classroom teacher cannot be fairly evaluated using state prescribed weights for putting student growth into teachers’ ratings for the following reasons.
No. 1. For teachers who work with high-scoring students, it is difficult to show significant growth over time because these students’ scores are already about as high as they can go. Conversely, teachers who work with low-scoring students, many of whom tend to be at-risk students, are affected by factors beyond their control that can affect student performance on any given test day, like homelessness, hunger, or the chronic stress that can go hand-in-hand with being poor.
No. 2. Teachers in non-tested subjects like art and music are often evaluated on a school-wide growth measure in unrelated subjects such as English and math.
No. 3. Outside of the SAT in grade 11, which factors heavily into college acceptance, students have little motivation to perform optimally on tests like the Michigan test—the M-STEP. So, many teachers must rely on a student’s intrinsic motivation to do well on a test that can affect teachers’ and administrators’ livelihoods.
No. 4, and lastly, for some teachers half of the student growth component of their evaluation must come from the M-STEP, but not only are the M-STEP scores not available prior to a teacher’s year-end evaluation, the M-STEP cannot measure student growth by itself.
For these reasons and others not mentioned here I look forward to working with my colleagues on a long term solution to the way we currently evaluate teachers so that we can best support our students.
Senator Runestad’s statement is as follows:
Today I rise to speak to
Senate Resolution No. 31, my resolution opposing the mass deportation of Iraqi
nationals residing in Michigan and around the United States.
Last year, a group of Iraqi nationals was rounded up for deportation—deportation to a country where religious minorities are targets of a terrible genocide committed by Islamic extremists. Although having prior criminal records from their youth, these people are here legally with papers and many of them have lived here for decades. This deportation was stayed by U.S. District Judge Mark Goldsmith; however, the stay has been lifted by the Sixth Circuit Court of Appeals.
The majority of those who now face deportation this week are Chaldeans in southeastern Michigan. They have been living here legally for decades. Many of these individuals lived in Michigan their entire lives, having been brought here by their parents five decades ago from a war-torn Iraq. They were placed in Detroit as children decades ago and lured into a culture of crime. These individuals were charged, convicted, sentenced, and served their time. Most worked their way up from the bottom to become business leaders and to start families of their own. America is the only country they have called home, and many have paid back their debts and then some in service to their communities and leadership in the business community.
Having atoned and paid the price for these crimes, there is no benefit to sending these residents back to an ancestral home they will not remember or recognize. If they were to be returned to the country of their birth, it should have been facilitated decades ago when they first committed their crimes and not at this point. However, many of these Iraqi nationals identify completely as Americans and have no familiarity with the language of their childhood.
This group of Iraqi nationals and Christians facing possible deportation would arrive in Iraq as foreigners, likely to be greeted with torture and death in a land not of their home. Discernment should weigh in the process and whether justice would be properly served by the consequences. Each of these cases should be reviewed and evaluated on the life the individual has lived, the age they were when they were brought to the United States, and whether sending them back as foreigners warrants a possible death sentence.
Forcibly removing citizens who have redeemed themselves from our community and sending them back to a nation that will likely persecute them for their faith and for their identity as Americans will result in family heartbreak and will provide no benefit to our communities. In the Middle East, entire communities have been slaughtered for their religious beliefs and this violates all basic principles of humanity. We cannot be silent when genocide hangs in the balance for these individuals, many of whom we have come to call neighbors and some as friends.
I do not support sending these individuals living in this country back
to the country of their birth to face possible torture and high probability of
death due to their religion, race, creed, ethnicity, gender, or any other
factor.
Thank you to those who have co‑sponsored and support this resolution to oppose the mass deportation of these Iraqi nationals.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, April 9:
House
Bill Nos. 4014 4102 4103 4104 4105 4106 4107 4185
The Secretary announced that the following bills and resolution were printed and filed on Tuesday, April 9, and are available on the Michigan Legislature website:
Senate
Bill Nos. 250 251 252 253 254
Senate
Resolution No. 30
House Bill Nos. 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440
Committee Reports
COMMITTEE
ATTENDANCE REPORT
The Subcommittee on Transportation submitted the following:
Meeting held on Tuesday, April 9, 2019, at 12:00 noon, Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Schmidt (C), Victory, MacGregor, MacDonald, Zorn, Hollier
and Bayer
COMMITTEE
ATTENDANCE REPORT
The Committee on Environmental Quality submitted the following:
Meeting held on Tuesday, April 9, 2019 at 1:00 p.m., Room 1200, Binsfeld Office Building
Present:
Senators Outman (C), Daley, Johnson, VanderWall,
McBroom, Bayer and Brinks
COMMITTEE
ATTENDANCE REPORT
The Committee on Oversight submitted the following:
Meeting held on Tuesday, April 9, 2019, at 2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Lucido, Theis, MacDonald and Irwin
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Talent and Economic Development/MEDC
submitted the following:
Meeting
held on Tuesday, April 9, 2019, at 3:00 p.m., Harry T. Gast Appropriations
Room, 3rd Floor, Capitol Building
Present: Senators Horn (C), Hollier and Schmidt
COMMITTEE
ATTENDANCE REPORT
The Committee on Insurance and Banking submitted the following:
Meeting held on Wednesday, April 10, 2019, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Theis
(C), Lauwers, LaSata,
Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and McMorrow
COMMITTEE
ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, April 10, 2019 at 8:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Bumstead, Outman, Schmidt and McCann
Scheduled
Meetings
Administrative
Rules - Thursday, April 11, 3:00 p.m., Room 326,
Anderson House Office Building (517) 373-5630
Appropriations –
Subcommittees
–
Agriculture
and Rural Development - Thursdays, April 11 and April 18, 3:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
Capital
Outlay - Wednesday, April 17, 4:00 p.m. or later after
committees are given leave by the House to meet, Room 519, Anderson House
Office Building (517) 373-2768
General
Government - Wednesday, April 17, 3:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Justice
and Public Safety - Thursdays, April 11 and April 18, 1:30 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
K-12
and Michigan Department of Education - Thursday, April 11, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd
Floor, Capitol Building (517) 373-2768
Licensing
and Regulatory Affairs (LARA)/Department of Insurance and Financial Services (DIFS) - Thursday, April 11, 8:30 a.m., Room 1300,
Binsfeld Office Building (517) 373-2768
Talent
and Economic Development/MEDC - Tuesday, April 16, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd
Floor, Capitol Building (517) 373-2768
Transportation
- Tuesday, April 16, 12:00 noon, Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Health
Policy and Human Services - Thursday, April 11, 1:00 p.m., Room 1100,
Binsfeld Office Building (517) 373-5323
Judiciary
and Public Safety - Thursday, April 11, 8:30 a.m., Room 1100,
Binsfeld Office Building (517) 373-5312
Local
Government - Thursday, April 11, 1:30 p.m., Room 1200,
Binsfeld Office Building (517) 373-1721
State
Drug Treatment Court Advisory Committee - Tuesday, April 16, 10:00 a.m., Legislative Council Conference Room, 3rd
Floor, Boji Tower (517) 373-0212
Senator MacGregor moved that the Senate adjourn.
The motion prevailed, the time being 11:23 a.m.
The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Thursday, April 11, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate