No. 10
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Wednesday, January 31, 2018.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present 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—excused 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 Fred Driscoll of New Life Assembly of God of Escanaba offered the following invocation:
Heavenly Father, You are the Creator of all that is good, and we know that everything that is good and perfect comes from Your hand. We give You glory and honor today here in this chamber. We humbly come before You today as Your servants. We recognize that we need Your direction and Your wisdom. We know that all true hope comes from You, all healing comes through Your hands, and You are with us even in tragedy. You are the peace maker in the midst of chaos. You, alone, are the one who can truly unify us. You give us, and you provide for us, grace in our shortcomings.
We, today, need Your grace and Your forgiveness. Drive out darkness from our midst; remove hate and replace it with love; we need you. I pray for this Senate today, as these men and women serve our great state and nation. I pray that You would grant them wisdom in the face of difficulty and unity in the face of division. Lord God, give them the courage they need to do what is right and just in the face of opposition. Help them to overcome temptation and uncertainty, grant them strength for their families, provide for their needs, and bless each of them for their work.
I ask all of this in the name of Your Son, Jesus Christ. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Schmidt, Nofs, Brandenburg, Ananich and Conyers entered the Senate Chamber.
Senator Kowall moved that Senator Green be excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
January 26, 2018
Enclosed is a copy of the following report:
• Report on Internal Control, Compliance, and Other Matters on the Michigan Strategic Fund, Fiscal Year Ended September 30, 2017 (186-0401-18).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Government Operations.
Messages from the Governor
The following message from the Governor was received on January 30, 2018, and read:
EXECUTIVE ORDER
No. 2018-2
Creation of the
Michigan Consortium of Advanced Networks
Executive Office of the Governor
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and
WHEREAS, Michigan must ensure that secure, reliable, and affordable broadband services are available to all residents across our state; and
WHEREAS, high-speed broadband service is essential for the advancement of prosperous and safe communities, responsive and data-driven government services, research and innovation, and economic development; and
WHEREAS, Michigan is a global leader for mobility innovation and will lead the country in 21st century infrastructure systems and connectedness; and
WHEREAS, the establishment of the Michigan Consortium of Advanced Networks will enable coordination and identify opportunities for stakeholders to address current mobile and fixed broadband access and adoption issues through the creation of a roadmap for a 21st century connected Michigan.
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION OF THE MICHIGAN CONSORTIUM OF ADVANCED NETWORKS
A. The Michigan Consortium of Advanced Networks (the “Consortium”) is created as a temporary commission pursuant to Article V, Section 4 of the Michigan Constitution of 1963 and shall serve as an advisory body within the Executive Office of the Governor.
B. The Governor shall appoint five members to the Consortium, serving at the pleasure of the Governor.
C. The Governor shall also appoint two individuals nominated by the Michigan Legislature, as follows:
1. One individual nominated by the Speaker of the House; and
2. One individual nominated by the Senate Majority Leader.
D. The Consortium shall include individuals representing varied interests, such as government, the private sector, broadband providers and stakeholders.
E. In addition to the members appointed by the Governor, the following six (6) members shall serve as ex officio, non-voting members:
1. The Director of the Department of Technology, Management and Budget, or his or her designee; and
2. The Director of the Michigan State Police, or his or her designee; and
3. The Director of the Michigan Department of Agriculture and Rural Development, or his or her designee; and
4. The Chief Executive Officer of the Michigan Economic Development Corporation, or his or her designee; and
5. The Chairman of the Michigan Public Service Commission, or his or her designee; and
6. The Director of the Department of Transportation, or his or her designee.
F. A vacancy on the Consortium shall be filled in the same manner as the original appointment.
II. CHARGE TO THE CONSORTIUM
A. The Consortium shall act in an advisory capacity to the Governor, and the state of Michigan, and shall, by August 1, 2018, solidify a vision for a connected Michigan, along with a roadmap to guide the state’s goal of ubiquitous broadband access.
B. The roadmap should identify gaps in service coverage and capacity, current efforts underway to address connectivity issues, and key strategies and recommendations for the state and private sector to pursue over the coming years to achieve ubiquitous connectivity.
C. The Consortium shall consider the core themes and recommendations of the 21st Century Infrastructure Commission Report when creating its roadmap.
D. Once the roadmap is developed, the Consortium should identify and help with implementation of first-year priorities, given adequate resource provision.
III. OPERATIONS OF THE CONSORTIUM
A. The Consortium shall be staffed by personnel from the Executive Office and otherwise assisted by state departments and agencies as directed by the Governor.
B. The Governor shall designate the Chairperson of the Consortium or the Co-Chairpersons from non-voting members.
C. The Consortium may select from among its voting members a Vice Chairperson.
D. The Consortium shall meet at the call of the Chairperson, and as provided in procedures, if adopted, by the Consortium.
E. A majority of the voting members of the Consortium serving constitutes a quorum for the transaction of the Consortium’s business. The Consortium shall act in making its recommendations by a majority vote of its serving members.
F. The Consortium shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees and request public participation on advisory panels as the Consortium deems necessary. The Consortium may adopt, reject, or modify any recommendations proposed by committees or advisory panels.
G. The Consortium may, as appropriate, make inquiries, studies, hold hearings, and receive comments from the public. The Consortium may consult with outside experts to perform its duties, including, but not limited to, experts in the private sector, academia, government agencies, and the nonprofit sector.
H. Members of the Consortium shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures, subject to available funding.
I. In accordance with applicable state contracting and procurement procedures, the Consortium may make or enter into contracts necessary or incidental to the exercise of the powers of the Consortium and the performance of its duties, including the hiring or retention of contractors, consultants, or agents, as the Chairperson deems advisable and necessary with input from the Consortium.
J. The Consortium may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
K. The Consortium shall be terminated and cease operations one year after the issuance of this Order.
IV. MISCELLANEOUS
A. All departments, committees, members, or officers of this state or of any political subdivision of this state may give to the Consortium, or to any member or representative of the Consortium, any necessary assistance required by the Consortium or any member or representative of the Consortium, in the performance of the duties of the Consortium so far as is compatible with its, his, or her duties.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
This Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 29th day of January, in the Year of our Lord Two Thousand Eighteen.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
The following messages from the Governor were received and read:
January 11, 2018
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Medicine
Melisa J. Oca of 415 Sumark Way, Ann Arbor, Michigan 48103, county of Washtenaw, representing physicians, succeeding Kara Morley-Smolek, is appointed for a term expiring December 31, 2021.
James Sondheimer of 6800 W. Knollwood Circle, West Bloomfield, Michigan 48322, county of Oakland, representing physicians, succeeding himself, is reappointed for a term expiring December 31, 2020.
January 23, 2018
I respectfully submit to the Senate the following appointments to office:
Governor’s Task Force on Child Abuse and Neglect
Daniel Patrick Babin of 6823 Kenowa Avenue, S.W., Grandville, Michigan 49418, county of Ottawa, representing adult former victims of child abuse or neglect, is appointed for a term expiring December 31, 2021.
Danita Echols of 1048 Western Avenue, Ann Arbor, Michigan 48103, county of Washtenaw, representing individuals experienced in working with homeless children and youths, succeeding herself, is reappointed for a term expiring December 31, 2021.
Shannon M. Lowder of 3724 Luella Street, Jackson, Michigan 49201, county of Jackson, representing mental health professionals, succeeding herself, is reappointed for a term expiring December 31, 2021.
Julie A. Nakfoor Pratt of 97 Sherwood Drive, Hastings, Michigan 49058, county of Barry, representing judges and attorneys, succeeding herself, is reappointed for a term expiring December 31, 2021.
Jennifer Pintar of 884 Townline Road, Tawas City, Michigan 48764, county of Iosco, representing law enforcement officers, succeeding herself, is reappointed for a term expiring December 31, 2021.
Kelly A. Ramsey of Frank Murphy Hall of Justice, 1441 St. Antoine, Room 704, Detroit, Michigan 48226, county of Wayne, representing judges and attorneys, succeeding herself, is reappointed for a term expiring December 31, 2021.
Christopher M. Wirth of 3551 Jamesridge Drive, Hudsonville, Michigan 49426, county of Ottawa, representing judges and attorneys, succeeding himself, is reappointed for a term expiring December 31, 2021.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator MacGregor introduced
Senate Bill No. 800, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 115 (MCL 400.115), as amended by 1988 PA 75.
The bill was read a first and second time by title and referred to the Committee on Oversight.
Senators Jones, Stamas and Horn introduced
Senate Bill No. 801, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7214 (MCL 333.7214), as amended by 2013 PA 268.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Zorn, Nofs, Marleau and Hertel introduced
Senate Bill No. 802, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333, 7405, and 17763 (MCL 333.7333, 333.7405, and 333.17763), section 7333 as amended by 2017 PA 251 and sections 7405 and 17763 as amended by 2016 PA 49, and by adding section 7333c.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
11:08 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senators Johnson and Young entered the Senate Chamber.
Statements
Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Warren’s statement is as follows:
I rise today in memory of Michael Lee Quinn, a talented and esteemed architect who was a constituent of mine and who had a unique and important role in preserving our beautiful, historic State Capitol Building. As I announced earlier, we are joined today by Michael’s wife, Pat Scheel; his stepdaughter, Jamarie Geller; and Steve Jones, executive vice president of Quinn Evans Architects; who are in the Gallery along with Valerie Marvin, the Michigan State Capitol Historian.
Mr. Quinn was, as I said, a talented and esteemed architect. He was recognized by the American Institute of Architects with the distinction of Fellow, an honor that only about 2,500 of our nation’s over-80,000 architects have ever received. Throughout his life and prolific career, he was responsible for preserving countless historic buildings in Michigan and across the country.
However, he is perhaps best known to us because of the integral role he played in the 1987-1992 restoration and 2014-2016 renewal of the Michigan State Capitol. The 1987-1992 work included the restoration of the interior of the Governor’s Office, which involved conserving two original 19th-century ceilings, sourcing and installing antique lighting fixtures, replicating period-appropriate carpeting, and recreating the massive walnut doors into the Governor’s personal office. In addition, he helped oversee the restoration of the envelope of the building. That project saw our iconic dome stripped and repainted and the badly-deteriorated sandstone staircases reconstructed. That renovation won several national architectural and engineering awards and, after it was completed, our building was named a National Historic Landmark.
Nearly 25 years later, he and his firm returned to continue the preservation of our Capitol’s exterior. The accomplishments of that project included recreation and installation of hundreds of decorative elements missing from the dome, meticulous repointing of the exterior sandstone, and replacing approximately 200 decorative stone modillions with exact replicas sourced from the same sandstone formation as the Capitol’s original sandstone.
Very uniquely, Michael Quinn found his calling when he was working in an architect’s office at the young age of 13. He earned his Bachelor of Science in architecture and his master’s degree in architecture from the University of Michigan, with stops along the way to spend two years serving our nation as a member of the Peace Corps in Barbados and then to study architecture at the University of Copenhagen in Denmark. After completing his education, he joined the architectural firm of Preservation Urban Design. While there, he became acquainted with David Evans, another University of Michigan alumnus, who shared his passion for urban design and the revitalization of historic downtowns. Together, they founded Quinn Evans Architects, which started as a two-person firm and expanded to be a national leader in historic preservation with more than 130 employees, and offices in Washington, D.C.; Baltimore, Maryland; Madison, Wisconsin; and both Ann Arbor and Detroit. Throughout his long career, Mr. Quinn played a leading role in many important projects; a partial list will be included in the memorial resolution that is available for your co‑sponsorship at my desk today and will be on tomorrow’s session’s Resolutions Calendar.
Mr. Quinn is survived not only by his wife and stepdaughter, who are with us today, but also sons David and Samuel, his daughter Hannah Quinn, stepdaughter Aubree, stepson-in-law David, and sisters Patricia and Jane. Surviving him also are the hundreds of historic buildings across the state and nation that he helped to preserve and restore for future generations.
It is my honor today to recognize his extraordinary contributions to the people of Michigan and we offer our highest esteem and heartfelt gratitude. Colleagues, I ask you to join me in offering our appreciation to his family, and, perhaps as you leave this amazing building today, to take just a moment to appreciate the remarkable legacy of Michael Quinn’s work here at the Michigan State Capitol.
A moment of silence was observed in memory of Michael Lee Quinn, architect and State Capitol historic preservationist.
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 Assistant President pro tempore, Senator O’Brien, designated Senator Horn as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4787, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 46502, 46507, and 46508 (MCL 324.46502, 324.46507, and 324.46508), as added by 1995 PA 57; and to repeal acts and parts of acts.
The bill was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5200, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301 and 48705 (MCL 324.1301 and 324.48705), section 1301 as amended by 2014 PA 215 and section 48705 as added by 1995 PA 57.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4813, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333 (MCL 333.7333), as amended by 2010 PA 3.
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 returned to the order of
Messages from the House
Senator Kowall moved that consideration of the following bills be postponed for today:
Senate Bill No. 35
Senate Bill No. 316
The motion prevailed.
Senate Bill No. 529, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117c (MCL 400.117c), as amended by 1998 PA 516, and by adding section 117h; and to repeal acts and parts of acts.
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 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.
Senate Bill No. 530, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2017 PA 104.
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 Kowall 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. 42 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
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.
Senate Bill No. 634, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18223 (MCL 333.18223), as amended by 2014 PA 385.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), 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 Kowall 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. 43 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
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.
House Bill No. 4644, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 2016 PA 454.
The House of Representatives has amended the Senate substitute (S-3) as follows:
1. Amend page 5, line 14, after the first “THE” by striking out “2017” and inserting “2018”.
2. Amend page 5, line 22, after the first “THE” by striking out “2017” and inserting “2018”.
3. Amend page 6, line 18, after “effect” by striking out “1 year” and inserting “90 days”.
The House of Representatives has concurred in the Senate substitute (S-3) as amended, ordered that it be given immediate effect and agreed to the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendments made to the Senate substitute,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 44 Yeas—30
Ananich Hildenbrand Kowall Proos
Bieda Hood MacGregor Schmidt
Booher Hopgood Marleau Shirkey
Casperson Horn Meekhof Stamas
Conyers Johnson Nofs Warren
Gregory Jones O’Brien Young
Hansen Knezek Pavlov Zorn
Hertel Knollenberg
Nays—7
Brandenburg Emmons Robertson Schuitmaker
Colbeck Hune Rocca
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
House Bill No. 4821, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3203, 3204, and 3414 (MCL 700.3203, 700.3204, and 700.3414), sections 3204 and 3414 as amended by 2000 PA 54.
The House of Representatives has amended the Senate substitute (S-2) as follows:
1. Amend page 2, line 8, after “if” by striking out “BOTH” and inserting “any”.
2. Amend page 2, line 13, after “(ii)” by striking out the balance of the line through “(A)” on line 14.
3. Amend page 2, line 15, by striking out “(B)” and inserting “(iii)”.
The House of Representatives has concurred in the Senate substitute (S-2) as amended and agreed to the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendments made to the Senate substitute,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 45 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 660
House Bill No. 4752
Senate Bill No. 662
House Bill No. 4956
Senate Bill No. 727
House Bill No. 5284
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 660, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 46 (MCL 287.746), as added by 2009 PA 117, and by adding section 47.
The question being on the passage of the bill,
Senator Meekhof offered the following amendment:
1. Amend page 4, line 22, after “SEC. 47.” by striking out all of subsection (1) and inserting “(1) THE LEGISLATURE FINDS THAT, TO PROTECT THE WELFARE AND SAFETY OF MICHIGAN CONSUMERS FROM INCREASED RISK OF FOOD-BORNE ILLNESS AND TO PREVENT ASSOCIATED NEGATIVE FISCAL IMPACTS ON THIS STATE, IT IS NECESSARY TO PROHIBIT THE SALE OF ANY SHELL EGGS PRODUCED BY AN EGG-LAYING HEN THAT WAS CONFINED IN A CERTAIN MANNER.”.
The amendment 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. 46 Yeas—32
Ananich Hildenbrand Knollenberg Robertson
Bieda Hood Kowall Rocca
Brandenburg Hopgood Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Conyers Hune Nofs Stamas
Gregory Johnson O’Brien Warren
Hansen Jones Pavlov Young
Hertel Knezek Proos Zorn
Nays—5
Booher Emmons MacGregor Shirkey
Colbeck
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4752, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 871 and 877 (MCL 600.871 and 600.877), as amended by 2012 PA 596.
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. 47 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
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.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 662, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 532 (MCL 436.1532), as added by 2001 PA 223.
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. 48 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4956, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2017 PA 170.
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. 49 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
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.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 727, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as added by 2009 PA 202.
The question being on the passage of the bill,
Senator Hopgood offered the following amendments:
1. Amend page 2, following line 22, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.
2. Amend page 3, line 3, following “university” by striking out the period and inserting “with a grade point average of at least 3.0 on a 4.0 scale or the equivalent on another scale, as determined by the superintendent of public instruction.”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 50 Yeas—15
Ananich Hertel Jones Rocca
Bieda Hood Knezek Warren
Conyers Hopgood Nofs Young
Gregory Johnson O’Brien
Nays—22
Booher Hildenbrand Marleau Schmidt
Brandenburg Horn Meekhof Schuitmaker
Casperson Hune Pavlov Shirkey
Colbeck Knollenberg Proos Stamas
Emmons Kowall Robertson Zorn
Hansen MacGregor
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
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. 51 Yeas—24
Booher Hildenbrand Marleau Robertson
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Knollenberg O’Brien Shirkey
Emmons Kowall Pavlov Stamas
Hansen MacGregor Proos Zorn
Nays—13
Ananich Hertel Johnson Rocca
Bieda Hood Jones Warren
Conyers Hopgood Knezek Young
Gregory
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5284, entitled
A bill to authorize the department of technology, management, and budget to convey state-owned property in Saginaw County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyance.
The question being on the passage of the bill,
The bill was passed, 2/3 of the members serving voting therefor, as follows:
Roll Call No. 52 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
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 title of the bill.
By unanimous consent the Senate returned to the order of
Statements
Senators Colbeck and Kowall asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
You know, we often hear about the importance of Michigan’s automotive industry, our agriculture industry, and our Pure Michigan tourism industry, but we don’t talk a lot about our achievements in the aerospace industry. It is in the spirit of reconciling this oversight that I draw your attention to the east Gallery and welcome members of the Michigan Aerospace Manufacturers Association here to celebrate Aerospace Day at the Capitol—if my colleagues could please join me in welcoming them.
Now last night, President Trump proclaimed that “all Americans are dreamers,” and some members of the Aerospace Manufacturers Association who convert these starry-eyed dreams into reality. Michigan has a very proud aerospace lineage. I still remember my grandpa affectionately remembering and reflecting upon his biplane rides with World War I flying ace Eddie Rickenbacker out at the airfield in Dearborn that now serves as the Ford test track. A lot of us remember Ypsilanti, which is the home of the Willow Run B-24 Bomber Plant and the home of the original Rosie the Riveter, Rose “Will” Monroe. I have actually been blessed to get to know her daughter, Vickie, who is an exceptional pilot in her own right. Rosie was one of 1,000 workers who made Michigan the centerpiece of American’s arsenal of democracy. They leveraged Michigan’s automotive expertise to manufacture one bomber every 55 minutes at a time when one bomber per day was the norm elsewhere in the country.
Aerospace legend Kelly Johnson from Lockheed’s famous Skunk Works has Michigan roots out in Ishpeming. Kelly Johnson’s team developed iconic aircrafts such as the P-38 Lightning, the F-104 Starfighter, the U-2 spy plane, and the SR-71 Blackbird. Michigan is home to quite a few astronauts as well, including my good friend, Jack Lousma, and Jerry Linenger, the brother of the Senator from the 8th District’s wife, Karen.
Many of you know that my own background is in aerospace. I graduated from the University of Michigan with bachelor’s and master’s degrees in aerospace engineering, and I later studied life sciences at the International Space University in Strasbourg, France. When I graduated in 1988, there were frankly not many aerospace jobs here in Michigan, so I moved out of state to where the aerospace jobs were. My preference was on the space side of aerospace, so I moved to Huntsville, Alabama to work for Boeing on the International Space Station. I found it remarkable that I was surrounded by Midwest transplants. It was very easy to find fellow Michigan alumni to watch football games with in Huntsville, which begged the question: If most of the aerospace workers in Alabama were from Michigan, why weren’t the jobs in Michigan? One of the reasons that I first ran for office was to fix this, and I found that I am not alone in this pursuit, and we’ve made quite a bit of progress.
Since 2007, the Michigan Aerospace Manufacturers Association, affectionately known as MAMA, has represented Michigan’s aerospace manufacturers at industry events in Europe, Africa, Asia, and throughout North and South America, delivering the message that Michigan is open for aerospace business.
Michigan is home to over 600 aerospace firms that manufacture components, mechanisms, systems, tooling, and assembly aids for commercial, defense, and general aviation. These companies employ more than 25,000 Michiganders in good-paying career jobs. Recently, PricewaterhouseCoopers LLP ranked Michigan No. 2 in attractiveness for aerospace manufacturing investment. Michigan also has world-class academic institutions offering degrees in aerospace-related fields. Michigan aerospace companies are located in 34 out of our 38 state Senate districts. With the continued collaboration and support of government, academia, and industry, the Michigan Aerospace Manufacturers Association hopes to soon have aerospace manufacturing jobs in every one of our Michigan legislative districts.
Please join me later on today—we’re going to be in the Speaker’s Library—to talk to some of these fellow starry-eyed dreamers about the promise of Michigan’s aerospace industry.
Senator Kowall’s statement is as follows:
I rise today to echo the statements made yesterday by the Senators from the 3rd and 4th districts regarding the tragic death of Detroit Police Officer Glenn Doss Jr. As our colleagues noted, family, friends, and the city are grieving after another senseless tragedy. By all accounts, Officer Glenn Doss was a wonderful man. He has rightly been called a true hero. Mayor Mike Duggan said that Doss was “everything that is good about the city of Detroit.”
The suspect in the case was a 43-year-old Mr. Brooks. He had been arrested and charged with first-degree murder, murder of a police officer, and numerous other felonies.
Officer Doss was the first officer killed in the line of duty in Michigan this year. He is the eighth officer killed in the line of duty nationwide so far in 2018—that’s almost two officers killed every duty week. That’s a startling number. In the case of Officer Doss, initial reports indicated the suspect may suffer from mental illness. That raises this question: How many murders of police officers have been the connection to a serious mental illness in the perpetrator of the crime? I’m not sure we have the answer to that question but I do know that at times like this, there are reminders that we must all do what we can to diagnose and treat mental illness to prevent needless violence.
Going forward, may we continue to remember Officer Glenn Doss Jr., and the seven other officers who were killed nationwide in the line of duty this year.
Announcements of Printing and Enrollment
The Secretary announced that the following bills were printed and filed on Tuesday, January 30, and are available at the Michigan Legislature website:
Senate Bill Nos. 788 789 790 791 792 793 794 795 796 797 798 799
House Bill Nos. 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467
5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481
5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495
5496 5497 5498
Committee Reports
The Committee on Local Government reported
Senate Bill No. 731, entitled
A bill to amend 1956 PA 55, entitled “An act to authorize the jeopardy assessment of personal property taxes; to establish the terms, limitations and conditions upon which the date for payment of personal property taxes may be accelerated; to provide for the collection of such taxes, and to establish a lien therefor; and to establish the liability of the purchaser of personal property for personal property taxes,” by amending sections 3 and 4 (MCL 211.693 and 211.694).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 732, entitled
A bill to amend 1929 PA 236, entitled “An act to provide for the recording of waivers of priority of mortgages, and to make such record thereof constructive notice to all persons dealing with mortgages, the lien of which has been waived and with the property described in said mortgage; also to provide for the fees for the recording thereof,” by amending section 1 (MCL 565.391).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 733, entitled
A bill to amend 1970 PA 132, entitled “An act to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey,” by amending section 3 (MCL 54.213), as amended by 1992 PA 183.
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.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 734, entitled
A bill to amend 1991 PA 133, entitled “An act to allow the use and recording of certain documents regarding trusts in the case of real property that is conveyed or otherwise affected by a trust; and to prescribe their effect,” by amending section 4 (MCL 565.434).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 735, entitled
A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending section 48 (MCL 565.48).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 736, entitled
A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203), as amended by 2015 PA 131.
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.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 737, entitled
A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 1 (MCL 565.201), as amended by 2014 PA 347.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 738, entitled
A bill to amend 1917 PA 19, entitled “An act to authorize and empower the public domain commission to issue certificates of correction in certain cases, and to have the same recorded in the office of the register of deeds in any county wherein the lands affected by such certificate may be located,” by amending section 1 (MCL 322.381).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 739, entitled
A bill to amend 1895 PA 215, entitled “The fourth class city act,” by repealing section 27 of article XXV (MCL 105.27).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
Senate Bill No. 740, entitled
A bill to amend 1957 PA 185, entitled “An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation,” by repealing section 55 (MCL 123.785).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, January 30, 2018, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Proos, Rocca and Young
Excused: Senator Brandenburg
The Committee on Health Policy reported
House Bill No. 4472, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), section 17702 as amended by 2016 PA 528 and section 17704 as amended by 2014 PA 280.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, January 30, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
The Committee on Judiciary reported
Senate Bill No. 226, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2012 PA 558.
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.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Rocca, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5216, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by repealing section 5529 (MCL 600.5529).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, January 30, 2018, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Rocca, Emmons and Bieda
Excused: Senator Schuitmaker
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, January 30, 2018, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Pavlov (C), Knollenberg, Booher, Hune and Hopgood
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesdays, February 20, February 27, March 13, and March 20, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Community Colleges - Wednesday, February 21, 9:30 a.m., Room 1300, Binsfeld Office Building (373-2768)
State Police and Military Affairs - Tuesdays, February 27, March 6, March 13, March 20, and Wednesday, March 14, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Criminal Justice Policy Commission - Wednesday, February 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Economic Development and International Investment - Thursday, February 1, 1:30 p.m., Room 1200, Binsfeld Office Building (373-5323) (CANCELED)
Oversight - Thursday, February 1, 8:30 a.m., Room 1200, Binsfeld Office Building (373-5314)
Transportation - Thursday, February 1, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:54 a.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, February 1, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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