No. 20

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Tuesday, February 28, 2017.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Ananich—present Hood—excused O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Horn—present Proos—present

Brandenburg—excused Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor James Noggle of Good Shepherd United Methodist Church of Roscommon offered the following invocation:

O God who comes to us with people of all ages, places, and every walk of life, we seek Your blessing today. We seek Your blessing on this great nation that allows us the freedom to gather and to do the business of Your people. We seek Your blessing on those who protect our freedoms in every branch of our armed services. We ask Your blessing upon our President and all of those in the Congress in Washington. God, today we especially ask your blessing upon this body gathered in this place. We seek Your wisdom, knowledge, and understanding for each and every decision and discernment that takes place. God, most of all, we pray for the people that are represented here in this place, for their needs, and their trials, and pray that all that is done will be done as a blessing to You and support of this great state, our state of Michigan. We pray all of this in Jesus’ holy name. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

The President, Lieutenant Governor Calley, assumed the Chair.

Senator Emmons entered the Senate Chamber.

Senator Bieda moved that Senators Johnson and Young be temporarily excused from today’s session.

The motion prevailed.

Senator Bieda moved that Senator Hood be excused from today’s session.

The motion prevailed.

Senator Kowall moved that Senators Hildenbrand, Knollenberg, O’Brien and Pavlov be temporarily excused from today’s session.

The motion prevailed.

Senator Kowall moved that Senator Brandenburg be excused from today’s session.

The motion prevailed.

The President pro tempore, Senator Schuitmaker, resumed the Chair.

Senators Knollenberg and Pavlov entered the Senate Chamber.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

February 22, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2016-024-LR (Secretary of State Filing #17-02-07) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “OH Part 690. Silica in Construction.”

These rules take effect 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.

February 22, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2016-029-LR (Secretary of State Filing #17-02-08) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 601. Air Contaminants for Construction.”

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.

February 22, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2016-055-LR (Secretary of State Filing #17-02-09) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 301. Air Contaminants for General Industry.”

February 22, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2016-056-LR (Secretary of State Filing #17-02-10) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “OH Part 590. Silica in General Industry.”

February 23, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2016-042-LR (Secretary of State Filing #17-02-11) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 51. Logging.”

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communications were received:

Office of Senator Curtis Hertel Jr.

February 27, 2017

I am writing to request my addition in co‑sponsorship of Senate Bill 154, sponsored by Senator Ananich.

Please feel free to contact me if you need any further information.

February 27, 2017

I am writing to request my addition in co‑sponsorship of Senate Bill 156, sponsored by Senator Hopgood.

Please feel free to contact me if you need any further information.

Sincerely,

Curtis Hertel Jr.

State Senator

District 23

The communications were referred to the Secretary for record.

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, February 23:

House Bill No. 4058

The Secretary announced that the following bills were printed and filed on Thursday, February 23, and are available at the Michigan Legislature website:

Senate Bill Nos. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194

House Bill Nos. 4264 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 4275

Messages from the Governor

The following messages from the Governor were received and read:

February 3, 2017

I respectfully submit to the Senate the following appointment to office:

Certificate of Need Commission

Robert L. Hughes of 635 Pine Meadow Lane, N.E., Ada, Michigan 49301, county of Kent, a Republican, representing companies not self-insured for health coverage, succeeding himself, is reappointed for a term expiring January 1, 2020.

February 9, 2017

I respectfully submit to the Senate the following appointment to office:

Child Abuse and Neglect Prevention Board

William B. Dubas of 60 Westdale Drive, Howell, Michigan 48843, county of Livingston, representing organized labor, filling a vacancy, is appointed for a term expiring December 19, 2018.

February 13, 2017

I respectfully submit to the Senate the following appointment to office:

Michigan Board of Massage Therapy

Terese S. Hunter of 25630 E. River Road, Grosse Ile, Michigan 48138, county of Wayne, representing public members, succeeding herself, is reappointed for a term expiring December 31, 2021.

February 13, 2017

I respectfully submit to the Senate the following appointment to office:

Michigan Board of Speech Language Pathology

Patrisha J. Mervenne of 555 Weybridge Drive, Bloomfield Hills, Michigan 48304, county of Oakland, representing professionals, succeeding herself, is reappointed for a term expiring December 31, 2020.

February 22, 2017

I respectfully submit to the Senate the following appointment to office:

Autism Council

Karin Gyger of 773 S. Bradley Road, Charlotte, Michigan 48813, county of Eaton, representing the Department of Insurance and Financial Services, succeeding Catherine Kirby, is appointed for a term expiring September 30, 2018.

February 23, 2017

I respectfully submit to the Senate the following appointments to office:

Co-Chair - Michigan Council on Future Mobility

Kirk Steudle of 425 W. Ottawa Street, Lansing, Michigan 48933, county of Ingham, is appointed for a term expiring at the pleasure of the Governor.

John R. Peracchio of 80 Oxford Road, Grosse Pointe Shores, Michigan 48236, county of Wayne, is appointed for a term expiring at the pleasure of the Governor.

Michigan Council on Future Mobility

Stephen J. Buckley of 45580 Falmouth Avenue, Novi, Michigan 48374, county of Oakland, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Steve Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

David Bulkowski of 322 Woodmere Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Mark Davidoff of 2447 Keylon Drive, West Bloomfield, Michigan 48324, county of Oakland, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Eric R. DeLong of 27 Library Street, N.E., #402, Grand Rapids, Michigan 49503, county of Kent, representing local government, is appointed for a term expiring at the pleasure of the Governor.

Ryan M. Eustice of 324 Sedgewood, Ann Arbor, Michigan 48103, county of Washtenaw, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Jeremy J. McClain of 224 Presidio Drive, Ortonville, Michigan 48462, county of Oakland, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Emily Frascaroli of 18100 Meridian Road, Grosse Ile, Michigan 48138, county of Wayne, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

John James of 31525 Franklin Fairway, Farmington Hills, Michigan 48334, county of Oakland, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Amy Mass of 5372 Universe Avenue, Howell, Michigan 48843, county of Livingston, representing insurance interests, is appointed for a term expiring at the pleasure of the Governor.

John R. Peracchio of 80 Oxford Road, Grosse Pointe Shores, Michigan 48236, county of Wayne, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

John G. Smyth of 2897 Eagle Drive, Rochester Hills, Michigan 48309, county of Oakland, representing business, policy, research, or technology leaders in future mobility, is appointed for a term expiring at the pleasure of the Governor.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senators Colbeck and Nofs offered the following concurrent resolution:

Senate Concurrent Resolution No. 10.

A concurrent resolution to request that the United States Congress enact the Primary Care Enhancement Act (H.R. 365), to promote the use of Direct Primary Care Services and that the U.S. Department of Health and Human Services and Department of the Treasury promulgate rules and/or issue guidance that would promote the opportunity for consumers to choose Direct Primary Care Services as an integral part of their health care plan.

Whereas, Direct Primary Care Services (DPCS) provides patients with affordable access to primary care services that promote preventative care; and

Whereas, Access to preventative care provided by primary care service providers has been demonstrated to reduce hospitalization, improve health outcomes for consumers, and lower the premiums for catastrophic insurance plans; and

Whereas, DPCS used in concert with catastrophic insurance plans provides a means of satisfying the requirements of the Affordable Care Act (ACA) in a manner that actually lowers the cost of health care, expands access to care, and improves the quality of care received; and

Whereas, The current federal tax code treats direct care membership as a form of insurance, inhibiting individuals from opening Health Savings Accounts if they are also enrolled in a high-deductible insurance plan; and

Whereas, The CMS Center for Medicare and Medicaid Innovation has never approved a model program featuring DPCS for serving Medicare or Medicaid enrollees as a means of improving the quality of care and reducing the overall burden upon taxpayers for these expensive programs; and

Whereas, Current law features limitations that require physicians to drop out of Medicare for two years if they accept direct payment from Medicare beneficiaries; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we request that the United States Congress enact legislation permanently reforming the federal tax code to allow payments for Direct Primary Care Services through tax-deferred or tax-exempt accounts, such as Health Savings Accounts and Medical Savings Accounts; and be it further

Resolved, That we ask the President of the United States to Issue an Executive Order to the Department of the Treasury to allow periodic payments for primary care services to be interpreted as qualified medical care expenses as allowed by Section 213(d) of the Internal Revenue Code; and be it further

Resolved, That we request that the United States Congress enact legislation and the U.S. Department of Health and Human Services promulgate rules that allows Medicare to pay doctors for Direct Primary Care Services from funds appropriated to the Medicare program; and be it further

Resolved, That we request that the United States Congress enact legislation and the U.S. Department of Health and Human Services promulgate rules that allows Medicaid to pay doctors for Direct Primary Care Services from funds appropriated to the Medicaid program; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary of the U.S. Department of Health and Human Services, the Department of the Treasury, the Internal Revenue Service, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

Senator Kowall moved that the concurrent resolution be referred to the Committee on Health Policy.

The motion prevailed.

Senators Pavlov, Robertson and Schuitmaker were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Casperson introduced

Senate Bill No. 195, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 937, 940, and 946 (MCL 600.937, 600.940, and 600.946) and by adding section 945.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

Senators Knollenberg, Schuitmaker, MacGregor, Emmons, Hertel, Gregory, O’Brien, Schmidt, Marleau and Bieda introduced

Senate Bill No. 196, entitled

A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senators MacGregor, Emmons, Knollenberg, Hertel, Gregory, O’Brien, Horn, Marleau, Bieda and Schuitmaker introduced

Senate Bill No. 197, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2016 PA 184.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senators Hertel, Conyers, Knezek and Schmidt introduced

Senate Bill No. 198, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1160.

The bill was read a first and second time by title and referred to the Committee on Education.

Senator Hood introduced

Senate Bill No. 199, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 7 (MCL 28.457), as amended by 2013 PA 65.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

Senator Hood introduced

Senate Bill No. 200, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

Senator Hood introduced

Senate Bill No. 201, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

House Bill No. 4058, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 13 (MCL 207.783), as amended by 2005 PA 339; and to repeal acts and parts of acts.

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 Economic Development and International Investment.

Senator Johnson entered the Senate Chamber.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:09 a.m.

10:33 a.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker.

During the recess, Senators O’Brien, Young and Hildenbrand entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

General Orders

Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Booher as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 118, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72108 and 73301 (MCL 324.72108 and 324.73301), section 72108 as amended by 2014 PA 215 and section 73301 as amended by 2007 PA 174, and by adding section 73302.

The bill was placed on the order of Third Reading of Bills.

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. 49, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5106 (MCL 700.5106), as amended by 2000 PA 463.

The question being on the passage of the bill,

Senator Booher offered the following substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

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. 41 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Brandenburg Hood

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 80, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625a and 625c (MCL 257.625a and 257.625c), section 625a as amended by 2015 PA 11 and section 625c as amended by 2014 PA 315.

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. 42 Yeas—29

Bieda Hertel Knollenberg Pavlov

Booher Hildenbrand Kowall Proos

Casperson Hopgood MacGregor Robertson

Colbeck Horn Marleau Rocca

Conyers Hune Meekhof Schmidt

Emmons Jones Nofs Schuitmaker

Green Knezek O’Brien Zorn

Hansen

Nays—7

Ananich Johnson Stamas Young

Gregory Shirkey Warren

Excused—2

Brandenburg Hood

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Committee Reports

The Committee on Elections and Government Reform reported

Senate Bill No. 100, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

David B. Robertson

Chairperson

To Report Out:

Yeas: Senators Robertson, Colbeck, Emmons and Shirkey

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Elections and Government Reform reported

Senate Bill No. 101, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, 122, and 123 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, 24.322, and 24.323), section 71 as amended by 1984 PA 28, section 80 as amended and section 123 as added by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

David B. Robertson

Chairperson

To Report Out:

Yeas: Senators Robertson, Colbeck, Emmons and Shirkey

Nays: None

The bill was referred to the Committee of the Whole.