No. 51

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Thursday, May 25, 2017.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

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

Ananich—present Hood—present O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—excused

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor Douglas Brandenburg of Cross Point Baptist Church of Roseville offered the following invocation:

Heavenly Father, we come today to thank You for Your wonderful blessings and for this great nation that You have given to us. We pray that You would put Your blessing upon our country.

Multitudes have come to these shores seeking freedom and liberty and we’re thankful that this is a place where it can be found. We realize today that these freedoms were not given, but they were purchased at the price of the blood of patriots that we are honoring today. The purpose of this gathering is that we remember the ultimate sacrifice that they made on battlefields, on seas, and in the air all across the world; and that today we honor those who gave the ultimate price to pay for our liberty.

We’re reminded of the words of Scripture, where the Bible says, “Greater love hath no man than this, that a man lay down his life for his friends.” Today, those who we honor demonstrated that kind of love and devotion to their country and to mankind. Their sacrifice reminds us of our Savior. It was President Abraham Lincoln who said that it was not until he got to the fields at Gettysburg and saw the great sacrifice of life that was made there, that he understood the sacrifice of the Savior. Permit us to never forget our comrades in arms as they gave their lives, and may we also honor their families today. May You grant grace and mercy to everyone. I pray that You would help us to have that same devotion to duty and love of country that they have so ably displayed.

We ask Your blessing upon this event today. May You be pleased, and may those who we’re remembering today be honored. In Jesus’ name we ask. Amen.

Motions and Communications

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Colbeck admittance to the Senate floor, including the center aisle.

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

Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.

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

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

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 24:

House Bill Nos. 4181 4431 4432

The Secretary announced that the following bills were printed and filed on Wednesday, May 24, and are available at the Michigan Legislature website:

Senate Bill Nos. 402 403 404 405 406 407 408

House Bill Nos. 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657 4658

Recess

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

The motion prevailed, the time being 10:06 a.m.

10:50 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

During the recess, Senator Colbeck presented the 23rd Annual Memorial Day Ceremony “A Tribute to Michigan’s Fallen Heroes” in honor of the military personnel who served during wartime. The ceremony was accompanied by the Michigan Army National Color Guard, Military Funeral Honors Color Guard, Kalamazoo Pipe Band, and Veteran Post Commanders.

Senator O’Brien led the members of the Senate and guests in recital of the Pledge of Allegiance.

Senator Colbeck introduced Deborah Drick, former Senate employee and Blue Star Mother, who sang the “National Anthem.”

Senators Colbeck and Gregory acknowledged members of the Michigan Department of Military and Veterans Affairs, House of Representatives who have served in the military, Gold Star family members, and individuals currently and formerly serving in the armed forces.

Senator Colbeck introduced keynote speaker, Major General Gregory J. Vadnais, Michigan Army National Guard and Director of the Military and Veterans Affairs Department.

Senator Stamas conducted a roll call of the Michigan fallen soldier since the 2016 Memorial Day Ceremony, and Senator Hertel acknowledged him with a memorial flag.

Senator Knezek presented the display, “Missing Man Table,” which represents and honors missing veterans, POWs and MIAs.

Sergeant First Class Timothy W. Szymanski, Michigan Army National Guard, played “Taps.”

During the recess, Senator Ananich entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Statements

Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Hertel’s statement is as follows:

My guest is Mae Jackson, mother of Lieutenant Colonel Flando Jackson. Mae lost her only child in service to this country. I’ve struggled, sitting with Mae all day, talking about public service and the loss of both of our loved ones in the last year and how to take away someone’s pain. When you’re struggling with that, you often look to the words of someone greater than yourself. I looked to Abraham Lincoln, who, in a letter to Lydia Bixby, who had lost two sons in the Civil War, wrote, “I feel how weak and fruitless must be any word of mine which should attempt to beguile you from the grief of a loss so overwhelming. But I cannot refrain from tendering to you the consolation that may be found in the thanks of the Republic they died to save. I pray that our Heavenly Father may assuage the anguish of your bereavement, and leave you only the cherished memory of the loved and lost, and the solemn pride that must be yours to have laid so costly a sacrifice upon the altar of Freedom.”

Mae is also joined in the Gallery by two of Flando’s cousins, Stephanie Smith and Loranda Christian, and two people who were like brothers to him, Charles Horton and Melvin Williams. I wanted to share a few words about the Lieutenant Colonel. He was a teacher, a police officer, and a soldier. He lived a life of public service. He was also a father of five, so he was not only a public servant, but a father and a son. Born on September 28, 1970, Lieutenant Colonel Flando Jackson dutifully and bravely served in the United States Air Force, where he achieved his rank. He passed away serving his country as an airman for the Washington Air National Guard. He was stationed in southwest Asia supporting Operation Inherent Resolve, our military campaign against Islamic State forces.

Most of us here in this chamber remember Lieutenant Colonel Jackson as a dedicated patriot who served our country for 24 years, but many others will remember him as a loving son and a loving father. We will all remember that he died defending the freedom of each of us, and I hope that this celebration of her son will help in a small way to ease the pain of his loss.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 366, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b, 5c, and 5l (MCL 28.425b, 28.425c, and 28.425l), section 5b as amended by 2015 PA 207 and sections 5c and 5l as amended by 2015 PA 3.

With the recommendation that the bill pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck

Nays: Senator Bieda

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 383, entitled

A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending section 4 (MCL 722.774), as amended by 2017 PA 24.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, May 23, 2017, at 3:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda

The Committee on Natural Resources reported

Senate Bill No. 316, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 45501 (MCL 324.45501).

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Robertson and Stamas

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources reported

House Bill No. 4082, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51501 and 51506 (MCL 324.51501 and 324.51506), as amended by 2004 PA 529, and by adding section 51503c.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 297, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending sections 201, 701, and 731 (MCL 339.5201, 339.5701, and 339.5731).

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 357, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 609c.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 358, entitled

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

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Wednesday, May 24, 2017, at 1:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Corrections submitted the following:

Meeting held on Wednesday, May 17, 2017, at 3:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Proos (C), Knollenberg and Gregory

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, May 24, 2017, at 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Booher (C), Schuitmaker, Nofs, Hansen, MacGregor, Gregory and Hertel

Scheduled Meetings

Finance - Tuesday, May 30, 2:30 p.m., Room 1100, Binsfeld Office Building (373-5312)

Judiciary - Tuesday, May 30, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)

Michigan Veterans Trust Fund Board of Trustees - Tuesday, June 6, 10:30 a.m., Lansing State Office, 5th Floor, 222 North Washington Square (284-5299)

Senate Fiscal Agency Board of Governors - Thursday, June 8, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 11:18 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 30, 2017, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

706 JOURNAL OF THE SENATE [May 25, 2017] [No. 51

No. 51] [May 25, 2017] JOURNAL OF THE SENATE 707

708 JOURNAL OF THE SENATE [May 25, 2017] [No. 51

No. 51] [May 25, 2017] JOURNAL OF THE SENATE 709

710 JOURNAL OF THE SENATE [May 25, 2017] [No. 51