No. 15
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Tuesday, February 13, 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—excused 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—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—excused
Senator Morris W. Hood III of the 3rd District offered the following invocation:
Lord, thank You for this day that You have given us. You are our Father, and please bless us. Bless us for all the mistakes that we make and for all of the issues that we encounter; please forgive us. Please allow us to understand that it is in Your will that we should operate; that we ask You to give us guidance. We ask You to open up our hearts, our minds, our bodies, and our souls to understand to the best of our abilities what You have in store for us today and the travels that You want us to take.
We thank You for all the things that You have given us. We thank You for all the things that You are giving us, and we thank You for the things that You will give us. Please give us the courage and the fortitude to speak when it’s time to speak and to be silent when it’s time to be silent, to understand the plight of others and to understand the good in this world. Please bless us as we make the decisions that affect thousands and thousands of people, but give us compassion. Give us compassion to feel another one’s plight; to walk, if you will, in another one’s shoes. Even though we don’t understand what they are going through, please listen to them and be cognizant of their issues, because our issues are not always the same, our plights are sometimes different.
We ask these things from You, Lord, because in each and every day, we give You thanks. We give You praise and we ask for You to look upon this world and upon this Legislature today, to give us the knowledge to be able to make the correct decisions.
We ask these things 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 O’Brien, Robertson and Ananich entered the Senate Chamber.
Senator Kowall moved that Senators Booher and Nofs 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 communications were received:
Department of State
Administrative Rules
Notices of Filing
February 1, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-047-LR (Secretary of State Filing #18-02-01) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 340. Beryllium.”
These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 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 1, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-052-LR (Secretary of State Filing #18-02-02) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 18. Overhead and Gantry Cranes.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 1, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-053-LR (Secretary of State Filing #18-02-03) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 33. Personal Protective Equipment.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 1, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-054-LR (Secretary of State Filing #18-02-04) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 21. Powered Industrial Trucks.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 2, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2016-052-NR (Secretary of State Filing #18-02-05) on this date at 4:05 p.m. for the Department of Natural Resources entitled, “Leasing State-Owned Metallic Mineral Rights.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 2, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2016-053-NR (Secretary of State Filing #18-02-06) on this date at 4:05 p.m. for the Department of Natural Resources entitled, “Leasing State-Owned Underground Gas Storage Rights.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 6, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-083-LR (Secretary of State Filing #18-02-07) on this date at 4:14 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Substance Use Disorder Programs.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 6, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-055-LR (Secretary of State Filing #18-02-08) on this date at 4:14 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 25. Manlifts.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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 6, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of 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 #2017-056-LR (Secretary of State Filing #18-02-09) on this date at 4:14 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 50. Telecommunications.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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.
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 communication was received:
Office of Senator Peter MacGregor
February 13, 2018
I respectfully request that my name be removed as co‑sponsor from SB 157.
Sincerely,
Peter MacGregor
Michigan Senate - 28th District
The communication was referred to the Secretary for record.
Messages from the Governor
The following messages from the Governor were received and read:
January 18, 2018
I respectfully submit to the Senate the following appointments to office:
Michigan Interagency Coordinating Council for Infants and Toddlers with Developmental Disabilities
Nolana N. Bandy of 16671 Fairmount Drive, Detroit, Michigan 48205, county of Wayne, representing the Head Start program, succeeding herself, is reappointed for a term expiring October 31, 2021.
Kristina A. Donaldson of 7239 Crystal View Drive, S.E., Caledonia, Michigan 49316, county of Kent, representing parents of infants or toddlers with disabilities or children with disabilities less than 13 years old at the time of appointment, succeeding herself, is reappointed for a term expiring October 31, 2021.
Laura L. McKechnie of 1614 E. 10th Avenue, Sault Sainte Marie, Michigan 49783, county of Chippewa, representing tribal government, succeeding herself, is reappointed for a term expiring October 31, 2021.
February 5, 2018
I respectfully submit to the Senate the following appointment to office:
Budget Director - State Budget Office
John Walsh of 35041 Pembroke Avenue, Livonia, Michigan 48152, county of Wayne, succeeding Alton L. Pscholka, Jr., 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.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
11:01 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Young and Johnson entered the Senate Chamber.
By unanimous consent the Senate proceeded 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 MacGregor 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 bills:
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).
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).
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).
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).
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.
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).
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).
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).
The bills were 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:
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.
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:
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.
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 bill be postponed for today:
Senate Bill No. 35
The motion prevailed.
Senate Bill No. 616, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2016 PA 494.
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.
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. 226
House Bill No. 5175
Senate Bill No. 459
The motion prevailed.
The following bill was read a third time:
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.
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. 66 Yeas—36
Ananich Hansen Knezek Robertson
Bieda Hertel Knollenberg Rocca
Brandenburg Hildenbrand Kowall Schmidt
Casperson Hood MacGregor Schuitmaker
Colbeck Hopgood Marleau Shirkey
Conyers Horn Meekhof Stamas
Emmons Hune O’Brien Warren
Green Johnson Pavlov Young
Gregory Jones Proos Zorn
Nays—0
Excused—2
Booher Nofs
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5175, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2016 PA 514.
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. 67 Yeas—36
Ananich Hansen Knezek Robertson
Bieda Hertel Knollenberg Rocca
Brandenburg Hildenbrand Kowall Schmidt
Casperson Hood MacGregor Schuitmaker
Colbeck Hopgood Marleau Shirkey
Conyers Horn Meekhof Stamas
Emmons Hune O’Brien Warren
Green Johnson Pavlov Young
Gregory Jones Proos Zorn
Nays—0
Excused—2
Booher Nofs
Not Voting—0
In The Chair: Schuitmaker
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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; 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. 459, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 20a.
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. 68 Yeas—36
Ananich Hansen Knezek Robertson
Bieda Hertel Knollenberg Rocca
Brandenburg Hildenbrand Kowall Schmidt
Casperson Hood MacGregor Schuitmaker
Colbeck Hopgood Marleau Shirkey
Conyers Horn Meekhof Stamas
Emmons Hune O’Brien Warren
Green Johnson Pavlov Young
Gregory Jones Proos Zorn
Nays—0
Excused—2
Booher Nofs
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 30
Senate Resolution No. 105
Senate Concurrent Resolution No. 20
Senate Concurrent Resolution No. 21
The motion prevailed.
Senator Hildenbrand offered the following resolution:
Senate Resolution No. 128.
A resolution to designate February 15, 2018, as Conductive Education Day.
Whereas, Conductive Education (CE) was developed over sixty years ago in Hungary by Dr. András Petö; and
Whereas, CE is a unique teaching system that maximizes the independence and mobility of children and adults with neuromotor disabilities, such as stroke survivors and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and spina bifida; and
Whereas, CE operates from a core belief in neuroplasticity, the lifelong ability of the brain to reorganize neural pathways based on new experiences, and on the premise that no matter how severe the disability, people can learn and improve when they are motivated; and
Whereas, CE has the potential to make a significant, life-changing impact on the mobility and independence of close to 9 million people in the United States and Canada; and
Whereas, CE helps individuals learn their way to independence; and
Whereas, We encourage support for this important program that increases the independence of people with disabilities in our community; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize February 15, 2018, as Conductive Education Day; and be it further
Resolved, That a copy of this resolution be transmitted to the Association for Conductive Education in North America with our highest esteem.
Pending the order that, under rule 3.204, the 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 resolution was adopted.
Senators Bieda, Brandenburg, Hansen, Hopgood, Kowall, MacGregor and Pavlov were named co‑sponsors of the resolution.
House Concurrent Resolution No. 18.
A concurrent resolution to propose a framework to guide agencies and ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget for PFAS-related activities.
Whereas, Perfluoroalkyl and polyfluoroalkyl substances (PFAS), also referred to as perfluorinated chemicals (PFCs), are a large group of chemicals used in a variety of industrial applications and consumer products. For decades, these chemicals were used for their heat, oil, and water resistant properties in firefighting foam, nonstick pots and pans, stain resistant carpets, and other products. Some of these chemicals accumulate and spread easily in the environment; and
Whereas, Some PFAS molecules have been shown to produce a variety of adverse responses in laboratory animals, and epidemiological evidence suggests PFAS exposure may be associated with a variety of health outcomes, provided the level of exposure is sufficient; and
Whereas, Some PFAS have been detected at 14 locations, including 28 individual sites, in Michigan to date. Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are the two most commonly detected of these chemicals. In many cases, the Michigan Department of Environmental Quality (DEQ) is in the process of coordinating with various stakeholders to determine the extent of the issue and implementing actions accordingly; and
Whereas, Governor Snyder issued Executive Directive No. 2017-4 on November 13, 2017, to establish a Michigan PFAS Action Response Team (MPART). The team is charged with researching, identifying, and establishing response actions relative to the discovery, communication, and mitigation of PFAS; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That, in order to ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget that was approved by the legislature for PFAS-related activities (Public Act 201 of 2017), we propose that the Michigan PFAS Action Response Team create a PFAS Scientific Advisory Committee that is equally comprised of scientific experts from government, academia, and industry whose backgrounds include experience with PFAS in the scientific disciplines of analytical chemistry, environmental fate, toxicology, epidemiology, and risk assessment; and be it further
Resolved, That the PFAS Scientific Advisory Committee should review the state of knowledge on PFAS and conduct a non-biased, scientific risk assessment. The review and assessment should include, but not be limited to, a scientific review of animal data to evaluate the United States Environmental Protection Agency’s current drinking water health advisory level of 70 parts per trillion (ppt) for PFOS and PFOA and to provide a rationale for any new level for the state of Michigan; and be it further
Resolved, That the PFAS Scientific Advisory Committee should review any other PFAS chemicals of concern to determine the state of knowledge concerning these chemicals and advise the MPART on its findings and any need for further study; and be it further
Resolved, That state departments should determine the nature and extent of PFAS contamination, who is responsible for its presence, the extent of public exposure, and the identification of sites where complete exposure pathways exist; and be it further
Resolved, That, based on its review and risk assessment, the PFAS Scientific Advisory Committee should provide science-based, logical advice to the MPART. The MPART should take into account the PFAS Scientific Advisory Committee’s research and advice when developing the state’s PFAS action plan. In addition, the state development of the action plan should include:
1) Stakeholder review and input by industry, academia, and non-profit organizations; and
2) A full review of the capabilities of existing partnerships, third parties, and federal, state, and local agencies to support actions, including but not limited to:
a. Use of existing labs or analytical methods to accelerate technical capability development and testing; and
b. Quality Assurance/Quality Control third-party validation of any analytical data generated.
Consistent with scientific principles and the development of sound public policy, the recommended action plan should:
1) Implement risk management in a pragmatic and prioritized manner;
2) Allow for site-specific risk assessment;
3) Prioritize risk management actions, based on concentrations and complete exposure pathways, in a pre-defined process; and
4) Provide for risk communication activities by local communities; and be it further
Resolved, That we propose that the United States Environmental Protection Agency’s drinking water health advisory level for PFAS of 70 ppt should be used for any interim cleanup or response actions until the PFAS Scientific Advisory Committee completes its review, risk assessment, and recommendations; and be it further
Resolved, That copies of this resolution be transmitted to the Governor; the members of the Michigan PFAS Action Response Team; and the directors of the Department of Environmental Quality, the Department of Health and Human Services, the Department of Military and Veterans Affairs, the Department of Natural Resources, and the Department of Agriculture and Rural Development.
The House of Representatives has adopted the concurrent resolution.
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 Appropriations.
The motion prevailed.
Senators Hansen and Kowall were named co‑sponsors of the concurrent resolution.
Introduction and Referral of Bills
Senator Robertson introduced
Senate Bill No. 809, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 37, 51, 71, 91, 131, 161, 191, 254, 281, 302, 303, 342, 381, 383, 391, 409, 409b, 411, 413, 413a, 431, 433, 433a, 467, 467a, 467b, 467c, 616a, 624, 624a, 631, 635, 642c, 644e, 654a, 657, 667, 668a, 669, 670, 673a, 674, 677, 679, 679a, 682, 683, 690, 694, 719, 741, 743, 762, 764b, 764c, 765, 766, and 957 (MCL 168.37, 168.51, 168.71, 168.91, 168.131, 168.161, 168.191, 168.254, 168.281, 168.302, 168.303, 168.342, 168.381, 168.383, 168.391, 168.409, 168.409b, 168.411, 168.413, 168.413a, 168.431, 168.433, 168.433a, 168.467, 168.467a, 168.467b, 168.467c, 168.616a, 168.624, 168.624a, 168.631, 168.635, 168.642c, 168.644e, 168.654a, 168.657, 168.667, 168.668a, 168.669, 168.670, 168.673a, 168.674, 168.677, 168.679, 168.679a, 168.682, 168.683, 168.690, 168.694, 168.719, 168.741, 168.743, 168.762, 168.764b, 168.764c, 168.765, 168.766, and 168.957), section 37 as added by 2002 PA 91, sections 51, 91, 131, and 383 as amended by 1982 PA 505, sections 71, 161, 191, 281, 342, 391, 409, 411, 431, and 467 as amended by 1999 PA 218, sections 254, 303, 409b, 413, 413a, 433, 433a, 467b, 467c, 624, and 644e as amended by 2012 PA 276, section 302 as amended and section 642c as added by 2011 PA 233, section 381 as amended by 2012 PA 523, section 467a as amended by 1981 PA 4, section 616a as added by 1988 PA 275, section 624a as amended by 1988 PA 116, sections 635 and 690 as amended by 2003 PA 302, section 654a as added by 1994 PA 401, section 668a as added by 2004 PA 96, section 669 as amended by 2000 PA 207, sections 673a and 679 as amended by 1996 PA 583, sections 674, 764b, and 765 as amended by 1996 PA 207, section 677 as amended by 2012 PA 157, section 679a as amended by 2012 PA 271, section 764c as added by 2012 PA 270, and section 766 as amended by 2005 PA 71; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 810, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 9940 and 9941 (MCL 600.9940 and 600.9941), section 9940 as amended by 1982 PA 40 and section 9941 as amended by 1981 PA 146.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 811, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1811 (MCL 380.1811).
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 812, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 794b (MCL 168.794b), as amended by 1990 PA 109, and by adding sections 37a, 37b, 765a, 798d, and 840; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 813, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2012 PA 278.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 814, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 491, 492, 492a, 495, 497, 498, 500a, 500d, 500i, 501, 502, 503, 505, 506, 507a, 509o, 509p, 509r, 514, 516, 519, 520, and 521 (MCL 168.491, 168.492, 168.492a, 168.495, 168.497, 168.498, 168.500a, 168.500d, 168.500i, 168.501, 168.502, 168.503, 168.505, 168.506, 168.507a, 168.509o, 168.509p, 168.509r, 168.514, 168.516, 168.519, 168.520, and 168.521), sections 491, 497, and 507a as amended by 1989 PA 142, section 492 as amended by 2010 PA 253, sections 495 and 500a as amended by 1995 PA 87, section 498 as amended by 2005 PA 71, section 501 as amended by 2014 PA 79, section 505 as amended by 2003 PA 302, sections 509o and 509p as added by 1994 PA 441, section 509r as amended by 2012 PA 270, and section 514 as amended by 2012 PA 271; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senators Horn, Jones, Hildenbrand, Bieda, Proos, Nofs, Colbeck, Ananich, Knollenberg, Robertson, Marleau and Gregory introduced
Senate Bill No. 815, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2017 PA 238.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Knollenberg, Bieda, Shirkey, Gregory, Knezek, Ananich, Marleau, Hopgood, Colbeck and Robertson introduced
Senate Bill No. 816, 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 Bieda, Knollenberg, Shirkey, Gregory, Knezek, Ananich, Marleau, Hopgood, Colbeck and Robertson introduced
Senate Bill No. 817, entitled
A bill to establish the Michigan World War II Legacy Memorial fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Jones, Colbeck and Ananich introduced
Senate Bill No. 818, entitled
A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 4.411 to 4.431) by amending the title and by adding section 17a.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Zorn introduced
Senate Bill No. 819, entitled
A bill to establish a system for electronic verification of automobile insurance; to require automobile insurers to provide policy information for the electronic verification system; to provide for the powers and duties of state governmental officers and entities; and to require the promulgation of rules.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senator Zorn introduced
Senate Bill No. 820, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 2014 PA 419.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Pavlov, Colbeck, Hildenbrand, Jones, Nofs, Bieda, Kowall, Proos, O’Brien, Brandenburg, Marleau, Ananich, Booher, Knollenberg and Robertson introduced
Senate Bill No. 821, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA 46.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Shirkey introduced
Senate Bill No. 822, entitled
A bill to clarify certain powers of the governor; and to impose certain duties on certain state officials.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
House Bill No. 4486, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2016 PA 488.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4487, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2017 PA 74.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4528, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16105a, 16106a, 16109a, 16167, 16169, 16170, 16170a, and 20910 (MCL 333.16105a, 333.16106a, 333.16109a, 333.16167, 333.16169, 333.16170, 333.16170a, and 333.20910), sections 16105a, 16109a, 16167, and 16170 as added by 1993 PA 80, section 16106a as amended by 2012 PA 501, sections 16169 and 16170a as amended by 2013 PA 268, and section 20910 as amended by 2006 PA 582.
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 Health Policy.
House Bill No. 4705, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317.
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 Transportation.
House Bill No. 5034, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2017 PA 149.
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 Finance.
House Bill No. 5456, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30A.
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 Michigan Competitiveness.
Statements
Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
We live in some pretty interesting times. Up is down; down is up. This warped sense of reality that teaches two plus two equals five as depicted in the dystopian novel 1984 by George Orwell is becoming mainstreamed in our society. Teachers are being lectured by students in mandatory professional development courses. In these lectures, teachers are being told what personal pronoun they should be using when addressing students. At a time when students are graduating without an ability to read their diploma, don’t you think professional development should be focused upon improving instruction in reading? Shouldn’t we be promoting American history, grammar, spelling, and math; not socialist propaganda? The Ministry of Truth has been so successful at distorting reality that we can’t even agree with the scientific fact that the XX chromosome pair is female and the XY chromosome pair is male.
Last week, the Senator from the 23rd District attacked Bishop Ira Combs, an appointee to the Civil Rights Commission, because of his Biblical view of marriage and sexuality, which also happens to be a scientific view. I find it hypocritical that the same people who profess to promote tolerance and anti-bullying initiatives have a pattern of being intolerant and bullying others who don’t share their views. You see, Bishop Ira Combs is under attack because his views are not welcome in this tolerant society envisioned by those who push identity politics. They do not want a diversity of views. They especially do not want to tolerate any Biblically-based views.
Bishop Combs is not the only person of faith under attack by anti-religious bigots. My friend Pastor Jeremy Schossau of Metro City Church is also under attack. Why is Jeremy under attack? Well, as a pastor, he had the audacity of inviting teenage girls for a faith-based discussion over LGBT thoughts as part of an unashamed identity workshop. This workshop is meant to help young girls struggling with thoughts that they are trans, bi, gay, or other. In response to his invitation, people are threatening to kill his family and burn his church down. Pornographic images have been posted to the church website.
You see, there is a movement to silence the voices of people of faith in our society. This movement is part of a larger pattern of growing religious hostility in our nation—see www.religioushostilities.org for the latest list of examples. Rather than unify us under the principles of faith embedded in our founding documents, there is a growing trend toward identity politics that seeks to divide Americans into specific groups.
Make no mistake. Identity politics is simply a divide-and-conquer strategy devised by those who wish to fundamentally transform America into George Orwell’s dystopian society. Why was there such a backlash against Bishop Combs and Pastor Schossau? Those who seek to fundamentally transform America want them silenced. It turns out that the so-called professors of tolerance who are attacking people of faith are the least tolerant of all.
I know what it’s like when someone wants you silenced for your views. I know what it’s like to be bullied. I know what it’s like to have the full light of your views condensed into a false pinhole. That’s why I believe it is time to take a stand. It is time to be vocal in defense of those who simply have a different opinion. I took an oath to support both the U.S. and Michigan constitutions. These social compacts have explicit provisions that secure the rights to free speech and religious conscience. That is why we all need to defend people of faith who have the courage to speak truth in love on life’s most sensitive subjects. Silence is not acceptable.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 8:
House Bill Nos. 4486 4487 4705 5456
The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, February 8, and are available at the Michigan Legislature website:
House Bill Nos. 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544
House Joint Resolution EE
Scheduled Meetings
Appropriations - Wednesday, February 14, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-5307)
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)
Corrections - Wednesday, February 14, 3:30 p.m., Room 1100, Binsfeld Office Building (373-2768)
General Government - Thursdays, February 15, February 22, March 1, March 8, March 15, and March 22, 8:30 a.m., Room 1300, Binsfeld Office Building (373-2768)
Higher Education - Wednesday, February 14, 8:00 a.m., Rooms 402 and 403, Capitol Building; Thursday, February 22, 3:00 p.m., Room 1100, Binsfeld Office Building (373-2768)
K-12, School Aid, Education - Wednesday, February 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
State Police and Military Affairs - Tuesdays, March 6, March 13, March 20, and Wednesday, March 14, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
State Police and Military Affairs and House State Police Appropriations Subcommittee - Tuesday, February 27, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Transportation - Thursdays, February 15 and February 22, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Families, Seniors and Human Services - Wednesday, February 14, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5314)
Natural Resources - Wednesday, February 14, 12:30 p.m., Room 1300, Binsfeld Office Building (373-5312)
Transportation - Thursday, February 15, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:32 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, February 14, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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