STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, September 5, 2019.
10:00 a.m.
The Senate was called to order
by the President, Lieutenant Governor Garlin D.
Gilchrist II.
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
Mike Shirkey of the 16th District offered the following invocation:
Heavenly
Father, we thank You again for this gorgeous and delightful day, for the
blessings You provide for all of us, and for
the provisions and protections for our families. We ask that You would continue
to impart upon us the Holy Spirit and guide our decision-making at every
level of this privilege of serving in this capacity in the Senate of Michigan.
“May
this day be a blessing to You Lord. May this day be a blessing to You. Guide
our thoughts and our words. Guard our hearts from this world. May this day be a
blessing; may our work be a blessing; and may our lives be a blessing to You.”
In
the Lord’s 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
Senators
Santana and Ananich entered the Senate Chamber.
The
following communication was received:
Office of Senator Curtis Hertel Jr.
September
3, 2019
I respectfully request that my name be added as a
co-sponsor to Senate Bill 455, introduced by Senator Stamas.
If
you have any questions, please do not hesitate to contact my office. Thank you
for your attention to this matter.
Sincerely,
Curtis
Hertel, Jr.
State
Senator
District
23
The
communication was referred to the Secretary for record.
Messages from the House
A bill to prohibit the theft of mail;
to provide for the powers and duties of certain state and local governmental
officers and entities; and to prescribe penalties and provide remedies.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed
the bill as substituted (H-1) and ordered that it be given immediate
effect.
Pending the order that, under
rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the
rule be suspended.
The motion prevailed, a majority
of the members serving voting therefor.
The question being on concurring
in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 192 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
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
A bill to amend 1927 PA 175, entitled “The code of criminal
procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended
by 2018 PA 188.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as
substituted (H-1), ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid
over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving
voting therefor.
The question being on concurring in the substitute made to
the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 193 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
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The
Senate agreed to the full title.
The bill was referred to
the Secretary for enrollment printing and presentation to the Governor.
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. 340
The motion prevailed.
The
following bill was read a third time:
Senate Bill No. 340, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17707, 17708, 17709, 17722, 17726, 17739, 17741, 17742, 17748, 17751, and 17752 (MCL 333.17707, 333.17708, 333.17709, 333.17722, 333.17726, 333.17739, 333.17741, 333.17742, 333.17748, 333.17751, and 333.17752), section 17707 as amended by 2016 PA 528, section 17708 as amended by 2016 PA 499, sections 17709 and 17742 as amended by 2014 PA 280, section 17739 as added by 2014 PA 285, section 17748 as amended by 2015 PA 169, section 17751 as amended by 2017 PA 165, and section 17752 as amended by 2005 PA 73, and by adding sections 17742a and 17742b.
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. 194 Yeas—32
Alexander Daley Lucido Schmidt
Ananich Geiss MacDonald Shirkey
Barrett Hertel MacGregor Stamas
Bayer Hollier McBroom Theis
Bizon Horn McCann VanderWall
Bullock Johnson Nesbitt Victory
Bumstead LaSata Outman Wojno
Chang Lauwers Runestad Zorn
Nays—6
Brinks McMorrow Polehanki Santana
Irwin Moss
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
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator Polehanki as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4728, entitled
A
bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by
amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and
388.1836), section 11 as amended by 2018 PA 586, section 17b as amended by
2007 PA 137, and sections 201 and 236 as amended by 2018 PA 265.
Substitute
(S-1)
The Senate agreed to the substitute recommended by the
Committee of the Whole, and the bill as substituted was placed on the order of
Third Reading of Bills.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Chang, Wojno, McCann, Bullock, Irwin and Alexander introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 2 (MCL 168.2), as amended by 2018 PA 603.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senator Ananich introduced
Senate Bill No. 496, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a as amended by 2018 PA 232 and section 1278b as amended by 2018 PA 230.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Statements
The motion prevailed.
Senator
Shirkey’s statement is as follows:
I appreciate my colleagues’ and staff’s attention as I go
through what I consider to be a very special sharing time and announcement. I’ll
ask dear Alisha to come up here and join me for a moment, and I’ve already
brought the box of Kleenex for you, so you can hold the Kleenex.
Ecclesiastes 3:3 is a pretty special verse of the Bible for
me: There’s a time and a place for everything. Verse 4 is particularly
pertinent for today, which says there’s “a time to weep, and a time to laugh; a
time to mourn, and a time to dance.” We have a colleague—a part of the
family—who has an opportunity to go spread their wings and fly like an eagle. I
say that is exactly the proper time to acknowledge that there’s some sadness—to weep—also, to acknowledge that the
laughter that goes with those kinds of accomplishments are those of
support and encouragement; mourning a loss; and also dancing with joy for what
the future holds.
Dear Alisha, we are all here—and me—to tell you that we are
excited for your next adventure, but let me just talk a little bit about your
background first. Step up a little bit so I can look at you and also talk into
the microphone. This is a tribute that I’ll give you—I’m not going to read the
whole thing—it does go through some of your background. Alisha is a Jackson
native; she only lives about three and a half miles from me. On occasion, we
actually ride together—commute back and forth to Lansing. One of us practices
to an extreme the art of listening; the other, to an extreme, the art of
talking. I will leave that up to you to determine which one you think qualifies
for me and for her. She and I first met while she was the government affairs
person for Michigan International Speedway. She was an aggressive, snotty
government affairs person there who was very in-your-face, always looking for
handouts, just typical. She didn’t quite know how to handle me because I wasn’t
in favor of any of that stuff. Then one day, she asked me to say the prayer at
MIS for one of the race starts, and I was happy to do so. What she didn’t tell
me is that it was going to be on national television. I arrived with three days
of unshaven beard and a Hawaiian shirt because I thought I was just going to be
with the drivers. She still, at that time, didn’t have enough grace to go find
a substitute and force me to be on national TV and deliver the invocation that
day. I’ve never quite forgiven her for that, although I got back at her a bit
because the same day, she had scheduled this gorgeous, cute group of young
ladies who tuned up to sing the National Anthem, and they were very good. What
she told me to do was just move to the side of them after the invocation so the
cameras could pan in on the ladies, and they did. What she didn’t tell me,
though, is don’t sing. As it turned out, I was louder than the girls were so I
got her back because she was very mad at me for that exchange.
I think most of you, if you’ve worked with Alisha,
understand that she has a rather unique vocabulary. Sometimes she reaches to
the visceral level of her being and I’m certain that most of that education
occurred on a certain race track infield that she spent a fair amount of time
on. She has been a partner, a consigliere, a confidante, never mendacious; I
could always, always count on her being gut-level honest with me, even when it
hurt. She has been a butt-kicker for me—not of me, well on occasion she has
been a butt-kicker of me, but for the most part, I’ve sent her out to do some
butt-kicking—a problem-solver, a very fast learner, a load-carrier—I know of
few people who carry the kind of load on a day-to-day basis that she’s
demonstrated to me over the last few years—she’s been a good cop and bad cop
when we’ve exchanged at one another, she is absolutely a leader, she is quick
to critique when it’s appropriate and quick to encourage when it’s appropriate.
She’s part of our family. We have a big family here; we each have our own small
families here. She’s part of our family, big and small, and over the years she’s
also become part of my personal family as well.
Sometimes my workmate-spouse, sometimes my daughter. I can’t express to you how
much I appreciate our relationship and how it’s grown over the years.
Proverbs 27:17 is also an important verse for me—“iron sharpens iron”—and
people sharpen others. Alisha, you have been my iron more than once. Some of
us—none of us—are irreplaceable. Some of us may be unforgettable. I guarantee
you, Alisha, that you challenge both of those statements. You’re going to be
hard to replace.
Some define character as the etching of one’s soul, and I
just wish upon all of you listening to this that you have the blessing of
having somebody around you who can help etch your soul like Alisha’s etched
mine.
So far, I’ve done pretty good not crying.
Mr. President, I would ask you to ask the guests and members
in this chamber and all the staff to help me recognize and acknowledge a
superior member and team member of the Michigan Senate and an outstanding
representative and advocate for the citizens of Michigan.
Announcements of Printing and Enrollment
House Bill Nos. 4372 4373 4378
The Secretary announced that the following bills and
resolution were printed and filed on Wednesday, September 4 and are available
on the Michigan Legislature website:
Senate Bill Nos. 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494
Senate Concurrent
Resolution No. 11
House Bill Nos. 4915 4916 4917 4918 4919
Committee Reports
The Committee on Finance
reported
House Bill No. 4189, entitled
A bill to amend 2007 PA 36,
entitled “Michigan business tax act,” by amending sections 117 and 500 (MCL
208.1117 and 208.1500), section 117 as amended by 2011 PA 292 and section 500
as amended by 2016 PA 426; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given
immediate effect.
Jim
Runestad
Chairperson
To Report Out:
Yeas: Senators Runestad, Nesbitt,
Daley, Bumstead, VanderWall and Alexander
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance
submitted the following:
Meeting held on Wednesday, September 4, 2019, at 12:30 p.m.,
Room 1200, Binsfeld Office Building
Present: Senators Runestad (C),
Nesbitt, Daley, Bumstead, VanderWall, Chang and
Alexander
The Committee on Elections
reported
House Bill No. 4446, entitled
A bill to amend 1976 PA 388,
entitled “Michigan campaign finance act,” by amending sections 4, 5, 6, 9, 12,
21, 24, 26, 34, 35, 41, 51, 54, and 55 (MCL 169.204, 169.205, 169.206, 169.209,
169.212, 169.221, 169.224, 169.226, 169.234, 169.235, 169.241, 169.251,
169.254, and 169.255), sections 4, 9, 24, 26, 35, 51, 54, and 55 as amended by
2017 PA 119, sections 5 and 41 as amended by 1999 PA 237, section 6 as amended
by 2018 PA 607, section 12 as amended by 2001 PA 250, section 21 as amended by
2015 PA 269, and section 34 as amended by 2012 PA 277.
With the recommendation that the substitute (S-2) be adopted
and that the bill then pass.
The committee further recommends that the bill be given
immediate effect.
Ruth
A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom, Lucido,
VanderWall and Wojno
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 Elections
submitted the following:
Meeting held on Wednesday, September 4, 2019, at 2:00 p.m.,
Room 1300, Binsfeld Office Building
Present: Senators Johnson (C), McBroom, Lucido,
VanderWall and Wojno
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 344, entitled
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending sections 216, 217i, 802, and 803a
(MCL 257.216, 257.217i, 257.802, and 257.803a), section 216 as amended by 2009
PA 32, section 217i as added by 2018 PA 680, section 802 as amended by
2016 PA 425, and section 803a as amended by 1996 PA 404, and by adding section
803s.
With the recommendation that the substitute (S-1) be adopted
and that the bill then pass.
The committee further recommends that the bill be given
immediate effect.
Tom
Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers, Geiss and Bullock
Nays: Senator Hollier
The bill and the substitute recommended by the committee
were referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 345, entitled
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending section 20a (MCL 257.20a), as
amended by 2012 PA 239, and by adding sections 20b and 30d.
With the recommendation that the
bill pass.
The committee further recommends that the bill be given
immediate effect.
Tom
Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers, Geiss and Bullock
Nays: Senator Hollier
The bill was referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 346, entitled
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” by amending
sections 6311 and 6512 (MCL 324.6311 and 324.6512), as added by 1995 PA 60.
With the recommendation that the
bill pass.
The committee further recommends that the bill be given
immediate effect.
Tom
Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers, Geiss and Bullock
Nays: Senator Hollier
The bill was referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 364, entitled
A bill to amend 1951 PA 51,
entitled “An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each classification; to
set up and establish the Michigan transportation fund; to provide for the
deposits in the Michigan transportation fund of specific taxes on motor
vehicles and motor vehicle fuels; to provide for the allocation of funds from
the Michigan transportation fund and the use and administration of the fund for
transportation purposes; to promote safe and efficient travel for motor vehicle
drivers, bicyclists, pedestrians, and other legal users of roads, streets, and
highways; to set up and establish the truck safety fund; to provide for the
allocation of funds from the truck safety fund and administration of the fund
for truck safety purposes; to set up and establish the Michigan truck safety
commission; to establish certain standards for road contracts for certain
businesses; to provide for the continuing review of transportation needs within
the state; to authorize the state transportation commission, counties, cities,
and villages to borrow money, issue bonds, and make pledges of funds for
transportation purposes; to authorize counties to advance funds for the payment
of deficiencies necessary for the payment of bonds issued under this act; to
provide for the limitations, payment, retirement, and security of the bonds and
pledges; to provide for appropriations and tax levies by counties and townships
for county roads; to authorize contributions by townships for county roads; to
provide for the establishment and administration of the state trunk line fund,
local bridge fund, comprehensive transportation fund, and certain other funds;
to provide for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan transportation
fund grants; to provide for review and approval of transportation programs; to
provide for submission of annual legislative requests and reports; to provide
for the establishment and functions of certain advisory entities; to provide
for conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state and
local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to
247.675) by adding section 11i.
With the recommendation that the substitute (S-1) be adopted
and that the bill then pass.
The committee further recommends that the bill be given
immediate effect.
Tom
Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers, Geiss, Bullock and
Hollier
Nays: None
The bill and the substitute recommended by the committee
were referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 379, entitled
A bill to amend 1951 PA 51,
entitled “An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each classification; to
set up and establish the Michigan transportation fund; to provide for the
deposits in the Michigan transportation fund of specific taxes on motor
vehicles and motor vehicle fuels; to provide for the allocation of funds from
the Michigan transportation fund and the use and administration of the fund for
transportation purposes; to promote safe and efficient travel for motor vehicle
drivers, bicyclists, pedestrians, and other legal users of roads, streets, and
highways; to set up and establish the truck safety fund; to provide for the
allocation of funds from the truck safety fund and administration of the fund
for truck safety purposes; to set up and establish the Michigan truck safety
commission; to establish certain standards for road contracts for certain
businesses; to provide for the continuing review of transportation needs within
the state; to authorize the state transportation commission, counties, cities,
and villages to borrow money, issue bonds, and make pledges of funds for
transportation purposes; to authorize counties to advance funds for the payment
of deficiencies necessary for the payment of bonds issued under this act; to
provide for the limitations, payment, retirement, and security of the bonds and
pledges; to provide for appropriations and tax levies by counties and townships
for county roads; to authorize contributions by townships for county roads; to
provide for the establishment and administration of the state trunk line fund,
local bridge fund, comprehensive transportation fund, and certain other funds;
to provide for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan transportation
fund grants; to provide for review and approval of transportation programs; to
provide for submission of annual legislative requests and reports; to provide
for the establishment and functions of certain advisory entities; to provide
for conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to
247.675) by adding section 11a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Tom
Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers, Geiss, Bullock and
Hollier
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation
and Infrastructure submitted the following:
Meeting held on Wednesday, September 4, 2019, at 12:30 p.m.,
Room 1100, Binsfeld Office Building
Present: Senators Barrett (C), LaSata,
McBroom, Victory, Outman, Lauwers, Geiss, Bullock and
Hollier
COMMITTEE ATTENDANCE REPORT
The Committee on Families,
Seniors, and Veterans submitted the following:
Meeting held on Wednesday, September 4, 2019, at 3:00 p.m.,
Room 1200, Binsfeld Office Building
Present: Senators Bizon (C), Barrett, Runestad,
Johnson, Bullock and Alexander.
Excused: Senator Zorn
Scheduled
Meetings
Advice and
Consent - Thursday, September 12, 12:00 noon, Room 1300,
Binsfeld Office Building (517) 373-5312
Michigan
State Capitol Commission - Monday, September 9, 11:00 a.m., Room H-65, Capitol
Building (517) 373 0184
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 10:34 a.m.
The President, Lieutenant
Governor Gilchrist, declared the Senate adjourned until Tuesday, September 10,
2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate