STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, August 28, 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 Kevin Daley of the 31st
District offered the following invocation:
O God, we pray that, for Your glory and
in the pursuit of Your justice, we may be trustworthy with confidence, keen in
study, accurate in analysis, correct in conclusion, able in argument; loyal to
our citizens, honest with all, courteous to adversaries, and ever attentive to
conscience.
Sit with us at our desks and listen
with us to those who come to us in need. Stand always beside us so that today
we shall not—to win a point—lose our souls.
We pray that our families may find in
us what Yours found in You: friendship and courage, cheerfulness and charity,
diligence in duties, counsel in adversity, and patience in pain.
May we be their good servants, but God’s
first. 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 rule 3.902
be suspended to allow the guests of Senator Geiss admittance to the Senate
floor, including the center aisle.
The motion prevailed, a majority of the
members serving voting therefor.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator MacGregor moved that the Senate
recess subject to the call of the Chair.
The motion prevailed, the time being
10:04 a.m.
The Senate was called to order by the President,
Lieutenant Governor Gilchrist.
During
the recess, Senator Geiss presented the Michigan Little League District 5 Taylor
Combined Juniors baseball team, 2019 Junior League World Series participants;
and coaches Rick Thorning, Jerry
Fottlander, and Chris Cannon; and presented them with
a Special Tribute.
By unanimous consent the Senate
proceeded to the order of
Third
Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate
Bill No. 118
The motion
prevailed.
The following bill was read a third
time:
Senate
Bill No. 118, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle
code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA 46.
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. 169 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.
The following bill was read a third
time:
Senate
Bill No. 322, entitled
A bill
to amend 1851 PA 156, entitled “An act to define the powers and duties of the
county boards of commissioners of the several counties, and to confer upon them
certain local, administrative and legislative powers; and to prescribe
penalties for the violation of the provisions of this act,” by amending section
11 (MCL 46.11), as amended by 2016 PA 77.
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. 170 Yeas—29
Alexander Hertel MacDonald Shirkey
Barrett Hollier MacGregor Stamas
Bayer Horn McMorrow Theis
Bizon Irwin Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Daley
Nays—9
Ananich Johnson McCann Santana
Brinks McBroom Runestad Schmidt
Geiss
Excused—0
Not
Voting—0
In The Chair: President
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 323, entitled
A bill
to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the
laws relating to the establishment, opening, discontinuing, vacating, closing,
altering, improvement, maintenance, and use of the public highways and private
roads; the condemnation of property and gravel therefor; the building,
repairing and preservation of bridges; maintaining public access to waterways
under certain conditions; setting and protecting shade trees, drainage, and
cutting weeds and brush within this state; providing for the election or
appointment and defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe penalties and provide
remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2015
PA 237.
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. 171 Yeas—28
Alexander Daley MacDonald Shirkey
Barrett Hertel MacGregor Stamas
Bayer Horn McMorrow Theis
Bizon Irwin Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—10
Ananich Hollier McCann Santana
Brinks Johnson Runestad Schmidt
Geiss McBroom
Excused—0
Not
Voting—0
In The Chair: President
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 298, entitled
A bill to amend 2008 PA 525, entitled “Fostering futures
scholarship trust fund act,” by amending section 7b (MCL 722.1027b), as added by 2014 PA 530.
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. 172 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
Senator MacGregor moved that
consideration of the following resolutions be postponed for today:
Senate
Resolution No. 30
Senate
Resolution No. 38
Senate
Resolution No. 49
The
motion prevailed.
Senator Lauwers
offered the following resolution:
Senate
Resolution No. 69.
A resolution to designate August 19, 2019, as
Michigan Water Trails Day.
Whereas, Michigan has more miles of Great
Lakes coastline than any other state and thousands of miles of rivers and
streams; and
Whereas, The use of waterways for
transportation in Michigan is not new. Native Americans first used them for
sustenance and trade, early European settlers used them to transport goods and
timber water. Such resources were the foundation of Michigan’s earliest
manufacturing and shipping industries; and
Whereas, Michigan has over 4,700 miles of
water trails, traversing some of Michigan’s most remote and natural
environments as well as some of the state’s most industrial and urban
environments. These water trails exist along Michigan’s Great Lakes coastline,
connecting to water trails in other states and provinces throughout the Great
Lakes basin; and
Whereas, Water trails help support and promote
environmental awareness and stewardship of Michigan’s waterways and water
quality; and
Whereas, A water trail is a designated route
on a navigable waterway such as a lake, river, canal, or bay, that is designed
and managed to create a positive outdoor recreation experience for the user;
and
Whereas, Water trails also feature
well-developed access points, often near significant historical, environmental,
or cultural points of interest, and often have nearby amenities like
restaurants, hotels, and campgrounds; and
Whereas, Paddling Michigan’s waterways for
recreation and other purposes has been a part of Michigan’s long history.
Paddle sports are one of the fastest-growing outdoor activities in the nation,
contributing more than $140 million to Michigan’s economy; and
Whereas, A formal state water trail and designation
program was recently established by the Michigan Department of Natural
Resources working in conjunction with local paddle groups, local units of
government, the Land and Information Access Association, the Michigan Trails
and Greenways Alliance, and other non-profit
partners to designate and support existing water trails and help solidify best
practices and standards for future water trail development; and
Whereas, Eight waterways totaling 540-plus
miles that flow through more than a dozen counties have been selected as the
first state-designated water trails in Michigan, which include all of the
following:
·
Central
River Raisin Water Trail, 11 miles in Monroe County;
·
Chain of
Lakes Water Trail, more than 80 miles in Antrim and Kalkaska counties;
·
Huron
River Water Trail, 104 miles in Livingston, Oakland, Washtenaw and Wayne
counties;
·
Island
Loop Route, 10 miles in St. Clair County;
·
Flint
River Trail, 72 miles in Genesee and Lapeer counties;
·
Middle
Grand River Water Trail, 87 miles in Clinton, Eaton, Ingham and Ionia counties;
·
Shiawassee
River Trail, 88 miles in Genesee, Oakland, Saginaw and Shiawassee counties;
·
Upper
Grand River Water Trail, 91 miles in Eaton, Ingham and Jackson counties; and
Whereas, Outdoor recreation-based tourism is
experiencing major growth right now. Designating these rivers as official water
trails shines an even brighter light on our incredible natural resources; and
Whereas, Highlighting water trail
opportunities in Michigan will encourage more outdoor recreation and healthier
lifestyles and also serve as regional destinations that will give a boost to
local economies; and
Whereas, With Michigan leading the nation in
land-based trail mileage and the unmatched water resources we have, celebrating
our water trails is another important step we can take to provide our citizens
with a world-class trail system; now, therefore, be it
Resolved by the Senate, That the members of
this legislative body recognize and celebrate water trails as this new
component of the nation’s leading trail program, while establishing August 19,
2019, as Michigan Water Trails Day.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
Senators Ananich,
Bayer, Bizon, Brinks, Bullock, Chang, Daley, Geiss,
Horn, Johnson, LaSata, Lucido,
MacDonald, McCann, McMorrow, Polehanki, Santana,
Schmidt, VanderWall, Wojno
and Zorn were named co-sponsors of the resolution.
Introduction
and Referral of Bills
Senator Lucido introduced
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending sections 310, 313, and 625g (MCL
257.310, 257.313, and 257.625g), section 310 as amended by 2018 PA 177, section
313 as amended by 2004 PA 362, and section 625g as amended by 2017 PA 153.
The bill was read a first and
second time by title and referred to the Committee on Transportation and
Infrastructure.
Senators Stamas and MacGregor introduced
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending section 7ff (MCL 211.7ff),
as amended by 2005 PA 165.
The bill was read a first and
second time by title and referred to the Committee on Economic and Small
Business Development.
Senator Irwin introduced
A bill to amend 1967 PA
281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding
section 280.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator Irwin introduced
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 2946 (MCL 600.2946), as amended by
1995 PA 249.
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
Senator Irwin introduced
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by repealing section 944 (MCL 168.944), as amended by 1996 PA
583.
The bill was read a first and second time by
title and referred to the Committee on Elections.
Senator Irwin introduced
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending sections 30 and 51 (MCL 206.30 and 206.51),
section 30 as amended by 2018 PA 589 and section 51 as amended by 2018 PA 588.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator Nesbitt introduced
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 20904 and 20910 (MCL 333.20904 and
333.20910), section 20904 as amended by 2000 PA 375 and section 20910 as
amended by 2006 PA 582.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senator Geiss introduced
A bill to amend 1984 PA 431, entitled “The
management and budget act,” by amending section 367 (MCL 18.1367), as amended
by 2018 PA 389, and by adding section 365.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senator Ananich
introduced
A bill to amend 1927 PA
175, entitled “The code of criminal procedure,” by amending section 24 of
chapter VII (MCL 767.24), as amended by 2018 PA 182.
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 539g (MCL 750.539g), as amended by
1993 PA 227.
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 require financial institutions to
report financial exploitation of their customers or members; to allow financial
institutions to freeze customer or member transactions or assets under certain
circumstances; to provide immunity from
criminal, civil, or administrative liability to financial institutions for
actions taken in good faith under this act; and to provide for the powers and
duties of certain governmental officers and entities.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senator Lucido
introduced
Senate Bill No. 465, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2012
PA 175.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Statements
Pursuant
to rule 3.507, Senator Geiss submitted a statement in writing for inclusion in
today’s Journal.
Senator Geiss’ statement is as follows:
Thank you Mr. President and Madam
Secretary for the opportunity for this special presentation to the Senate to
recognize the best 13-14 year old little league baseball players in the state.
This summer, the Michigan Little
League District 5 Taylor Combined Juniors team competed to earn a spot
representing our state in the Junior League World Series.
Now, most people know about
Williamsport and the Little League World Series which is the tournament that
the 12-year-old Little League ball players play in annually.
What they
may not know is that for 39 years, because of the efforts of Greg Bzura, Taylor has been home to the Junior League World
Series, the Little League World Series’ “Big Brother,” and is played at
Heritage Park.
This year, under the leadership
of coaches Rick Thorning, Jerry Footlander,
and Chris Cannon, this team—composed of Aiden Steele, No. 6; David Holmes, No.
8; Andrew Thorning, No. 13; David Roberts, No. 10;
Jordan Footlander, No. 33; Blake Boike,
No. 4; Dalton Vance, No. 24; Cole Loftis, No. 29; Cole Mucha,
No. 26; Lucas Zelek, No. 3; Connor Felice, No. 5;
Charlie Kurkowski, No. 9; Chris Cannon, No. 12; and Calbin “Papi” Gonzalez, No.
22—went on to represent Michigan in this tournament of the top players
world-wide in their age group.
What is particularly special is
that this team is a combination of three of our four ball clubs in Taylor. With
members from Taylor North Central, Taylor Northeast, and Taylor Northwest
Little Leagues managed by Doug and Sheri Cloutier, Nicole Honeycutt Underwood,
and Eric Hall respectively, united, they represented our state with strength,
resilience, hard work, fair play, outstanding team spirit, and excellent
sportsmanship both on and off the field, and is a group of wonderful young men
led by excellent coaches and parents who I am extremely proud of.
As representatives of our state
in the JLWS and role models, we should all be proud of them and their
accomplishments and for representing Michigan honorably this past season.
Thank you.
Announcements of Printing and Enrollment
House Bill Nos. 4827 4828 4829 4830
Scheduled
Meetings
Advice and Consent
- Thursday, September 12, 12:00 noon, Room 1300, Binsfeld
Office Building (517) 373-5312
Judiciary and
Public Safety -
Thursday, August 29, 8:30 a.m., Room 1100, Binsfeld Office Building (517)
373-5312
Senate
Fiscal Agency Board of Governors - Thursday, September 12, 9:00
a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-2768
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:47 a.m.
In
pursuance of the order previously made, the President, Lieutenant Governor
Gilchrist, declared the Senate adjourned until Thursday, August 29, 2019, at
10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate