No. 54

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Tuesday, May 29, 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—excused Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Conyers—present Knollenberg—present Schuitmaker—present

Emmons—present Kowall—present Shirkey—present

Green—present MacGregor—present Stamas—present

Gregory—present Marleau—present Warren—present

Hansen—present Meekhof—present Young—present

Hertel—present Nofs—present Zorn—present

Hildenbrand—present

Pastor Douglas R. Jackson of Community Baptist Church of Saginaw offered the following invocation:

Heavenly Father, we thank You for this, another beautiful day. Thank You, Father, for the blessings that are ours as we think of all You have done for us.

We appreciate so very much how You have blessed America and how You have blessed the state of Michigan. I pray now, Father, that You would be with these Senators, and, Father, I pray that You would help them throughout the day. Again, we thank You for the way You have called them to this particular task. Father, I pray that You would give them great wisdom, insight, and discernment. Again, we thank You for their dedication.

I pray You be with their families; bless them. Father, again, I pray that much would be accomplished for You this day and for us as we look to the blessings that are ours because we are Your children. Thank You again for these men and ladies.

In Jesus’ name. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

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

Motions and Communications

Senators Green and Nofs entered the Senate Chamber.

Senator Kowall moved that Senators Hansen, Knollenberg and Schmidt be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Hood moved that Senators Ananich, Knezek 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

May 17, 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 #2018-021-IF (Secretary of State Filing #18-05-04) on this date at 3:57 p.m. for the Department of Insurance and Financial Services entitled, “Fire Insurance - Withholding.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

May 18, 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 #2017-081-LR (Secretary of State Filing #18-05-05) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs entitled, “State Boundary Commission - General Rules.”

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.

May 18, 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 #2017-073-LR (Secretary of State Filing #18-05-06) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Ski Area Safety - General Rules.”

These rules become effective 365 days after 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.

May 18, 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 #2017-027-LR (Secretary of State Filing #18-05-07) on this date at 3:14 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Real Estate Appraisers - General Rules.”

May 18, 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 #2017-045-LR (Secretary of State Filing #18-05-08) on this date at 3:14 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Real Estate Brokers and Salespersons - General Rules.”

May 21, 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 #2018-007-ED (Secretary of State Filing #18-05-09) on this date at 1:26 p.m. for the Department of Education entitled, “Transportation of Nonpublic Schoolchildren.”

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.

Messages from the Governor

The following messages from the Governor were received:

Date: May 23, 2018

Time: 12:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 440 (Public Act No. 155), being

An act to amend 1998 PA 58, entitled “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,” by amending sections 221 and 543 (MCL 436.1221 and 436.1543), section 543 as amended by 2016 PA 434, and by adding section 303a.

(Filed with the Secretary of State on May 23, 2018, at 2:28 p.m.)

Date: May 23, 2018

Time: 12:50 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 803 (Public Act No. 158), being

(Filed with the Secretary of State on May 23, 2018, at 2:34 p.m.)

Date: May 23, 2018

Time: 12:52 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 804 (Public Act No. 159), being

An act to amend 1978 PA 260, entitled “An act to revise and codify the laws relating to blind persons and persons with a visual disability; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal acts and parts of acts,” by amending section 9 (MCL 393.359) and by adding section 10a.

(Filed with the Secretary of State on May 23, 2018, at 2:36 p.m.)

Date: May 23, 2018

Time: 12:54 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 568 (Public Act No. 160), being

An act to amend 1949 PA 300, entitled “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,” by amending section 661a (MCL 257.661a).

(Filed with the Secretary of State on May 23, 2018, at 2:38 p.m.)

Date: May 23, 2018

Time: 12:56 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 647 (Public Act No. 161), being

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 527a (MCL 206.527a), as amended by 2014 PA 523.

(Filed with the Secretary of State on May 23, 2018, at 2:40 p.m.)

Date: May 23, 2018

Time: 12:58 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 839 (Public Act No. 162), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 63207 (MCL 324.63207), as added by 2004 PA 449.

(Filed with the Secretary of State on May 23, 2018, at 2:42 p.m.)

Date: May 23, 2018

Time: 1:11 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 840 (Public Act No. 163), being

(Filed with the Secretary of State on May 23, 2018, at 2:44 p.m.)

Date: May 23, 2018

Time: 1:15 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 881 (Public Act No. 164), being

(Filed with the Secretary of State on May 23, 2018, at 2:46 p.m.)

Respectfully,

Rick Snyder

Governor

Senators Schmidt and Hansen entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:04 a.m.

10:48 a.m.

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

During the recess, Senators Knollenberg, Ananich and Knezek 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 Colbeck as Chairperson.

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

Senate Bill No. 898, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 4621 (MCL 500.4621), as added by 2008 PA 29.

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:

Senate Bill No. 502, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803f (MCL 257.803f), as amended by 1998 PA 68.

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. 842, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766 (MCL 333.17766), as amended by 2006 PA 416, and by adding sections 7423 and 21418.

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.

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

Senate Resolution No. 153

Senate Resolution No. 149

The motion prevailed.

House Concurrent Resolution No. 19.

A concurrent resolution to memorialize the Congress of the United States to award the posthumous Medal of Honor to Lieutenant-Colonel Albert M. Edwards for his actions during the Civil War.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senator Casperson offered the following resolution:

Senate Resolution No. 172.

A resolution to recognize June 9, 2018, as Off-Road Vehicle (ORV) Rider Recognition Day.

Whereas, Michigan is recognized as the trail state with 4,000 miles of designated ORV trails; and

Whereas, Michigan has over 230,000 licensed riders using these trails; and

Whereas, June 9-10, 2018, is Michigan’s ORV Free Riding Weekend; and

Whereas, It is recognized how important this recreational sport is to our tourist economy; and

Whereas, The users, local trail sponsors, and their many volunteer hours of our trail system should be recognized for their service; and

Whereas, This day will encourage safe riding while practicing “Tread Lightly!” riding; now, therefore, be it

Resolved by the Senate, That we recognize June 9, 2018, as Off-Road Vehicle (ORV) Rider Recognition Day; and be it further

Resolved, That we recognize the importance of off-road recreation in the state of Michigan and the large economic impact it has, as well as increasing awareness for safety and environmentally friendly practices.

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 Booher, Brandenburg, Hansen, Hildenbrand, Knollenberg, Marleau, Pavlov, Proos, Robertson, Schmidt and Stamas were named co‑sponsors of the resolution.

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. 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).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator 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. 355 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Zorn

Gregory Knezek Proos

Nays—0

Excused—2

Casperson Young

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.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senator Young entered the Senate Chamber.

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).

The House of Representatives has passed the bill and ordered that the bill be given immediate effect.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 sections 1 and 3 (MCL 54.211 and 54.213), section 3 as amended by 1992 PA 183.

The House of Representatives has passed the bill and ordered that the bill be given immediate effect.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator 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. 356 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator 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. 357 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator 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. 358 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 737, entitled

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 amended the title to read as follows:

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. 359 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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).

The House of Representatives has passed the bill and ordered that the bill be given immediate effect.

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 Assistant President pro tempore, Senator O’Brien, assumed the Chair.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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).

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. 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 House of Representatives has passed the bill and ordered that the bill be given immediate effect.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 871, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2017 PA 79.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2018 PA 148.

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 President pro tempore, Senator Schuitmaker, resumed the Chair.

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. 360 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senators Schuitmaker, Hertel, Ananich and O’Brien asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Schuitmaker’s statement is as follows:

I rise today to express my extreme, sincere disappointment in the lack of leadership in our neighboring chamber to put the safety of Michigan’s children first. In December, I met with Larry Nassar’s victims, as well as you, and they were adamant that their goal was to prevent childhood sexual assault and provide survivors of assault with greater opportunities to hold predators accountable. It is unfortunate that legislative focus shifted to political correctness and not the safety of our children. I will support this legislation because it moves the bar down the road, but there is much to be done that we can still do to protect children and hold predators accountable.

I challenge each of us to do more. Every victim and survivor deserves justice, not just those whose names and predators make national headlines.

Senator Hertel’s statement is as follows:

I rise to express my disappointment and frustration with this bill package. I first want to commend the work of all of us here in the Senate, specifically Senator O’Brien and Senator Knezek. This is not a “no” vote explanation. I will support this legislation as it is an improvement over current law.

That being said, I am extremely disappointed in the severe limits of justice contained in these bills. Michigan law should never have given protections to perpetrators of sexual assault. Michigan law should never have given protections to institutions that knew or looked the other way. These bills have been whittled down to only provide justice for certain survivors. Colleagues, we owe every—every single—survivor access to justice.

Colleagues, I reluctantly urge you to vote “yes,” but I also urge you to say that this is not enough; that I will not rest and our work is not done until every survivor has access to justice; that I will not rest and our work is not done until Michigan law removes every barrier—every rock—that a perpetrator can hide behind. That is our job here.

I am sorry for the survivors that this process failed. I am sorry that the House of Representatives so drastically decided to limit justice. I apologize to all of you for the other chamber. We all must commit ourselves to the fact that this work is not done. I ask that my colleagues vote “yes,” reluctantly, and I ask that my colleagues continue to battle and to fight to make sure that all survivors have justice.

Senator Ananich’s statement is as follows:

This legislation is the result of incredibly brave young women coming forward to shed light on what will be one of the darkest events in our state’s history. We have heard their stories, and because of the strength of the sisterhood of survivors, that monster is behind bars and they can seek justice; and they can begin the healing process. But what about those who don’t have a network to turn to? The one or two who continue to suffer in the dark and have yet to come forward or realize the truth about what happened to them? The changes made in the House do not go far enough to ensure they, too, can get justice someday.

I have to say I am disappointed that our colleagues in the House watered-down these bills and shortened the timeframe that victims of these heinous acts have to come forward. What these bills do is balance the rights of predators with the rights of survivors, and I am appalled by how survivors were treated in the House committee. Here in the Senate, we demonstrated that we were willing to deliver the full scope of justice. These bills are still better than what is currently on the books, and I will be reluctantly supporting them today. But our work is not done here, and my caucus will continue to fight for these survivors.

Senator O’Brien’s statement is as follows:

I would like to speak to Senate Bill Nos. 871 and 872. These bills were introduced for different reasons, but they came together as a result of a number of the Nassar survivors coming forward and speaking with legislators and sharing their findings about Michigan and what we do and do not do to protect our children from sexual assault. Additionally, many of us met with other women who have been affected by sexual assault—including rape—all across Michigan. When these bills were introduced, it was really about changing the conversation about sexual assault for women, men, kids—most importantly, for our kids. One out of five girls are sexually assaulted as a child, one out of twenty boys, and too often, the conversation is about blaming the victim and not helping them seek justice. These bills were intended to help them seek justice.

The Nassar survivors, these women, they lent their names and their support because they wanted to change the statistics, especially for our kids. Now some legislators chose to focus this package on them—the survivors—instead of the kids, claiming they wanted a paycheck, but nothing was further from the truth. There are other legislators who thought the package wasn’t needed once a settlement was reached with Michigan State University, but that also isn’t true. You see, these women were not about themselves, they were about improving our state and trying to eradicate childhood sexual abuse. This is what the package was about. This isn’t about a court case, it’s about our kids.

Now, while I’m relieved that there was a settlement, I’m very disappointed and saddened by the changes in some of the bills and the refusal to even vote on other bills in the package. A real opportunity was missed to walk the talk. Legislators say, “We care about kids,” but this package limits their ability to address their predator, and if it’s a kid in government care, there is even less ability to correct that harm. All kids are valued regardless of who cares for them.

I will accept this outcome for these two bills, and like the other speakers, I will reluctantly ask you to vote, “yes.” But I will not end my fight—our fight—to eradicate childhood sexual assault. I want to thank you for standing strong for our children. Your votes have spoken loudly, and the people of Michigan know that you care about ending childhood sexual abuse.

Senate Bill No. 872, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582, and by adding section 5851b.

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. 361 Yeas—34

Ananich Hertel Kowall Robertson

Bieda Hildenbrand MacGregor Rocca

Booher Hood Marleau Schmidt

Brandenburg Hopgood Meekhof Schuitmaker

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg

Nays—2

Colbeck Shirkey

Excused—1

Casperson

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.

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. 652, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 33, 39a, 40, 41, 42, 43, 44, 45, and 47 (MCL 24.233, 24.239a, 24.240, 24.241, 24.242, 24.243, 24.244, 24.245, and 24.247), sections 33 and 47 as amended and section 39a as added by 1999 PA 262, section 40 as amended by 2011 PA 243, sections 41 and 42 as amended by 2004 PA 491, section 43 as amended by 1989 PA 288, and sections 44 and 45 as amended by 2016 PA 513, and by adding sections 65 and 66.

The House of Representatives has substituted (H-4) the bill.

The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 33, 39a, 41, 42, 43, 44, 47, and 48 (MCL 24.233, 24.239a, 24.241, 24.242, 24.243, 24.244, 24.247, and 24.248), sections 33 and 47 as amended and section 39a as added by 1999 PA 262, sections 41 and 42 as amended by 2004 PA 491, section 43 as amended by 1989 PA 288, section 44 as amended by 2016 PA 513, and section 48 as amended by 2012 PA 181, and by adding sections 65, 66, and 88.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 653, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1301 (MCL 324.1301), as amended by 2014 PA 215, and by adding sections 1313 and 1315.

The House of Representatives has substituted (H-5) the bill.

The House of Representatives has passed the bill as substituted (H-5), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1301, 1307, and 1311 (MCL 324.1301, 324.1307, and 324.1311), section 1301 as amended by 2018 PA 36 and sections 1307 and 1311 as amended by 2013 PA 98, and by adding sections 1313, 1315, and 1317.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 654, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 26.

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.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 874, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 13 (MCL 722.633), as amended by 2002 PA 14.

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.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 880, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2017 PA 259.

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.

Pursuant to rule 3.202, the bill was laid over one day.

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. 661

Senate Bill No. 726

House Bill No. 5355

House Bill No. 4106

House Bill No. 5676

House Bill No. 5686

House Bill No. 5687

Senate Bill No. 279

House Bill No. 5767

House Bill No. 5768

Senate Bill No. 1000

Senate Bill No. 1001

Senate Bill No. 1002

Senate Bill No. 1003

Senate Bill No. 1004

Senate Bill No. 1005

Senate Bill No. 1006

Senate Bill No. 1007

Senate Bill No. 1008

Senate Bill No. 1009

Senate Bill No. 1010

Senate Bill No. 1011

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 661, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending sections 11, 33, 49, 51, 55, and 65 (MCL 257.1811, 257.1833, 257.1849, 257.1851, 257.1855, and 257.1865), sections 11 and 33 as amended by 2006 PA 107, section 49 as amended by 2006 PA 108, section 51 as amended by 2010 PA 93, and section 55 as amended by 2006 PA 320.

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. 362 Yeas—35

Ananich Hansen Kowall Rocca

Bieda Hertel MacGregor Schmidt

Booher Hildenbrand Marleau Schuitmaker

Brandenburg Hood Meekhof Shirkey

Colbeck Hopgood Nofs Stamas

Conyers Horn O’Brien Warren

Emmons Hune Pavlov Young

Green Jones Proos Zorn

Gregory Knezek Robertson

Nays—1

Knollenberg

Excused—1

Casperson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 726, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 1a (MCL 480.11a), as amended by 2012 PA 231.

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. 363 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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. 5355, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2017 PA 92.

The question being on the passage of the bill,

Senator Pavlov offered the following substitute:

Substitute (S-2).

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 364 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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 provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4106, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1279h.

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. 365 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5676, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2017 PA 108.

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. 366 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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 make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5686, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2012 PA 25 and section 2 as amended by 2017 PA 31.

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. 367 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5687, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 310 (MCL 257.307 and 257.310), section 307 as amended by 2017 PA 32 and section 310 as amended by 2016 PA 219.

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. 368 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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 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. 279, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 3a (MCL 125.1503a), as amended by 2006 PA 192.

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. 369 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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. 5767, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610c.

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. 370 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

House Bill No. 5768, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 204.

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. 371 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—1

Colbeck

Excused—1

Casperson

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:

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1000, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 504, 506, 511, 705, 4113, 8206, 43540a, 47102, 48735, 71507, 72118, 80205, and 81129 (MCL 324.504, 324.506, 324.511, 324.705, 324.4113, 324.8206, 324.43540a, 324.47102, 324.48735, 324.71507, 324.72118, 324.80205, and 324.81129), section 504 as amended by 2009 PA 47, section 705 as added by 1995 PA 60, section 4113 as amended by 2010 PA 302, section 8206 as added by 2001 PA 176, section 43540a as added by 2005 PA 116, section 47102 as added by 1995 PA 57, section 48735 as amended by 2003 PA 270, section 71507 as added by 1995 PA 58, section 72118 as added by 2016 PA 288, section 80205 as amended by 2012 PA 61, and section 81129 as amended by 2013 PA 249; and to repeal acts and parts of acts.

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. 372 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1001, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 8 (MCL 722.958), as amended by 2015 PA 106.

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. 373 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The Assistant President pro tempore, Senator O’Brien, resumed the Chair.

The following bill was read a third time:

Senate Bill No. 1002, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending section 12a (MCL 409.312a), as amended by 2012 PA 578.

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. 374 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1003, entitled

A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending section 110a (MCL 288.670a), as amended by 2008 PA 147.

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. 375 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1004, entitled

A bill to repeal 1881 PA 33, entitled “An act to provide for the publication of monthly crop and stock reports,” (MCL 285.21 to 285.22).

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. 376 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1005, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending section 4 (MCL 287.334), as amended by 2007 PA 79.

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. 377 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1006, entitled

A bill to amend 1981 PA 93, entitled “Michigan right to farm act,” by amending section 4 (MCL 286.474), as amended by 1999 PA 261.

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. 378 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1007, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 4116 (MCL 289.4116), as amended by 2007 PA 114.

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. 379 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1008, entitled

A bill to amend 1955 PA 162, entitled “An act to provide for the licensing and inspection of agricultural liming material and to regulate the sale thereof; and to prescribe penalties for the violations of the provisions of this act,” by amending section 5 (MCL 290.535).

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. 380 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1009, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 11a, 40, and 65c (MCL 791.211a, 791.240, and 791.265c), section 11a as amended by 1998 PA 204, section 40 as added by 2006 PA 487, and section 65c as amended by 1993 PA 34.

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. 381 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1010, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 13 (MCL 247.813).

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. 382 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

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:

Senate Bill No. 1011, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by repealing section 32 (MCL 259.32).

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. 383 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Casperson

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

Recess

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

The motion prevailed, the time being 12:11 p.m.

12:57 p.m.

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

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator O’Brien introduced

Senate Bill No. 1030, entitled

A bill to create and operate school safety related grant programs and student mental health related grant programs; to prescribe the duties of certain state agencies and certain state and local officials; to create certain funds; and to provide for the distribution of money.

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

Senators Proos, Nofs, Brandenburg, Pavlov, Robertson, Casperson and Hune introduced

Senate Bill No. 1031, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.

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

Senator Jones introduced

Senate Bill No. 1032, entitled

A bill to require the reporting of credible threats against public and nonpublic schools.

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

Senator Hune introduced

Senate Bill No. 1033, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21517.

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

Senator Booher introduced

Senate Bill No. 1034, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2018 PA

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

Senator MacGregor introduced

Senate Bill No. 1035, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681.

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

Senator Schmidt introduced

Senate Bill No. 1036, entitled

A bill to authorize the department of technology, management, and budget to convey or transfer parcels of state-owned property in Ionia, Grand Traverse, and Tuscola Counties; to prescribe conditions for the conveyances; to provide for the powers and duties of certain state departments in regard to the property; and to provide for the disposition of revenue derived from the conveyances.

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

House Bill No. 4475, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 301, 503, 2106, 2133, and 72118 (MCL 324.301, 324.503, 324.2106, 324.2133, and 324.72118), section 301 as amended by 2004 PA 587, section 503 as amended by 2012 PA 294, sections 2106 and 2133 as added by 1995 PA 60, and section 72118 as added by 2016 PA 288, and by adding subpart 17 to part 21.