No. 52

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Tuesday, May 30, 2017.

10:00 a.m.

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

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

Ananich—present Hood—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—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor Chris Yager of Cornerstone Baptist Church of Swartz Creek offered the following invocation:

Father, thank You so much for the opportunity to serve such a great nation and state. Thank You for the men and women who died to give us freedom. May You grant today these Senators wisdom and understanding to lead this state. Bless their families, their staff, and all who work with them in the decision-making process. Thank You so much for Your grace. Bless this day, for it’s in Jesus’ name. Amen.

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

Motions and Communications

Senators Green, Booher and Bieda entered the Senate Chamber.

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

The motion prevailed.

Senator Kowall moved that Senators Brandenburg, Casperson, Hansen, Hildenbrand and Horn be temporarily excused from today’s session.

The motion prevailed.

The following communications were received and read:

Office of the Senate Majority Leader

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 130, I appoint the following members to sit on the conference committee:

Senator Dave Hildenbrand, Chair

Senator Arlan Meekhof

Senator Vincent Gregory

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 136, I appoint the following members to sit on the conference committee:

Senator Marty Knollenberg, Chair

Senator Jim Marleau

Senator Coleman Young II

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 137, I appoint the following members to sit on the conference committee:

Senator Marty Knollenberg, Chair

Senator Jim Marleau

Senator Coleman Young II

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 139, I appoint the following members to sit on the conference committee:

Senator Mike Green, Chair

Senator Jim Stamas

Senator Hoon-Yung Hopgood

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 142, I appoint the following members to sit on the conference committee:

Senator Jim Stamas, Chair

Senator Mike Nofs

Senator Coleman Young II

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 144, I appoint the following members to sit on the conference committee:

Senator John Proos, Chair

Senator Marty Knollenberg

Senator Vincent Gregory

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 145, I appoint the following members to sit on the conference committee:

Senator Mike Nofs, Chair

Senator Dave Hildenbrand

Senator David Knezek

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 146, I appoint the following members to sit on the conference committee:

Senator Mike Nofs, Chair

Senator Patrick Colbeck

Senator David Knezek

If you have any questions regarding this matter, please do not hesitate to contact me.

May 24, 2017

Pursuant to Joint Rule 3, the Senate non-concurred in the House substitute (H-1) to Senate Bill 148, I appoint the following members to sit on the conference committee:

Senator Goeff Hansen, Chair

Senator Marty Knollenberg

Senator Coleman Young II

If you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely,

Arlan Meekhof

30th Senate District

Senate Majority Leader

The communications were referred to the Secretary for record.

The following communication was received and read:

Office of the Auditor General

May 17, 2017

Enclosed is a copy of the following report:

• Performance audit report on Unclaimed Property, Department of Treasury.

Sincerely,

Doug Ringler

Auditor General

The audit report was referred to the Committee on Government Operations.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

May 23, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2015-033-LR (Secretary of State Filing #17-05-02) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Code - Part 10a. Michigan Energy Code.”

These rules take effect 120 days after filed with the Secretary of State.

May 25, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Emergency Administrative Rule #2017-029-LR (Secretary of State Filing #17-05-03) on this date at 1:35 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Standing Order for Dispensing Opioid Antagonists.”

This rule takes effect upon filing with the Secretary of State and shall remain in effect for 6 months.

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 Margaret E. O’Brien

May 24, 2017

I write to request that my name be added as a co‑sponsor to Senate Bill 292. Should you need anything further, please do not hesitate to contact my office.

Thank you for your assistance in this matter.

Sincerely,

Margaret O’Brien

State Senator

District 20

The communication was referred to the Secretary for record.

The following communications were received:

Office of Senator Steven M. Bieda

May 25, 2017

Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 123 which was introduced on February 2, 2017, by Senator David Knezek and is currently in the Senate Judiciary Committee.

May 25, 2017

Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 124 which was introduced on February 9, 2017, by Senator Margaret O’Brien and is currently in the Senate Judiciary Committee.

May 25, 2017

Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 170 which was introduced on February 21, 2017, by Senator Margaret O’Brien and is currently in the Senate Judiciary Committee.

Sincerely,

Steve Bieda

State Senator

9th District

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 25:

House Bill Nos. 4169 4350 4351 4502 4556 4557 4558 4559

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 25, for his approval the following bill:

Enrolled Senate Bill No. 359 at 11:30 a.m.

The Secretary announced that the following bills were printed and filed on Thursday, May 25, and are available at the Michigan Legislature website:

House Bill Nos. 4659 4660 4661 4662 4663

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator O’Brien admittance to the Senate floor.

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

Senator 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 10:06 a.m.

12:24 p.m.

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

During the recess, Senators Young, Brandenburg, Hildenbrand, Casperson and Horn entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received:

Date: May 23, 2017

Time: 8:14 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 129 (Public Act No. 40), 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 sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115, and 324.63201), section 3118 as amended by 2015 PA 82, section 9115 as amended by 2011 PA 214, and section 63201 as added by 2004 PA 449, and by adding part 634.

(Filed with the Secretary of State on May 23, 2017, at 10:54 a.m.)

Date: May 23, 2017

Time: 8:16 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 102 (Public Act No. 38), being

An act to authorize, facilitate, and regulate the acquisition and disposal of certain property and gifts of certain property by certain entities to community foundations; to validate all transfers made before the enactment of this act; and to repeal acts and parts of acts.

(Filed with the Secretary of State on May 23, 2017, at 10:50 a.m.)

Date: May 23, 2017

Time: 8:18 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 46 (Public Act No. 37), 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 698 (MCL 257.698), as amended by 2016 PA 161.

(Filed with the Secretary of State on May 23, 2017, at 10:48 a.m.)

Date: May 23, 2017

Time: 8:20 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 118 (Public Act No. 39), 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 sections 72108 and 73301 (MCL 324.72108 and 324.73301), section 72108 as amended by 2014 PA 215 and section 73301 as amended by 2007 PA 174, and by adding section 73302.

(Filed with the Secretary of State on May 23, 2017, at 10:52 a.m.)

Date: May 23, 2017

Time: 8:22 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 202 (Public Act No. 41), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 310c.

(Filed with the Secretary of State on May 23, 2017, at 10:56 a.m.)

Date: May 25, 2017

Time: 1:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 359 (Public Act No. 42), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 9m and 9n (MCL 211.9m and 211.9n), as amended by 2016 PA 108.

(Filed with the Secretary of State on May 25, 2017, at 2:05 p.m.)

Respectfully,

Rick Snyder

Governor

The following messages from the Governor were received and read:

May 26, 2017

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

Michigan Board of Massage Therapy

Judy L. Robinson of 22950 North Avenue, Battle Creek, Michigan 49017, county of Calhoun, representing public members, succeeding Jill Murphy, is appointed for a term expiring December 31, 2020.

May 26, 2017

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

Chair - Medical Marihuana Licensing Board

Rick V. Johnson of 16209 13 Mile Road, LeRoy, Michigan 49655, county of Osceola, is appointed for a term expiring at the pleasure of the Governor.

Medical Marihuana Licensing Board

Donald L. Bailey of 844 Minkin Drive, Traverse City, Michigan 49685, county of Grand Traverse, representing Republicans, is appointed for a term expiring December 31, 2020.

David M. LaMontaine of 1366 Hollywood Drive, Monroe, Michigan 48162, county of Monroe, representing Republicans and as the nominee of the Speaker of the House, is appointed for a term expiring December 31, 2019.

Rick V. Johnson of 16209 13 Mile Road, LeRoy, Michigan 49655, county of Osceola, representing Republicans and as the nominee of the Senate Majority Leader, is appointed for a term expiring December 31, 2019.

Nichole Cover of 8742 Pine Island Court N., Mattawan, Michigan 49071, county of Kalamazoo, representing Independents, is appointed for a term expiring December 31, 2018.

Vivian R. Pickard of 56 Vaughan Ridge Road, Bloomfield Hills, Michigan 48304, county of Oakland, representing Independents, is appointed for a term expiring December 31, 2020.

May 26, 2017

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

Michigan Unarmed Combat Commission

Jason T. Hanselman of 506 Shoreline Drive, DeWitt, Michigan 48820, county of Clinton, representing the general public, succeeding himself, is reappointed for a term expiring June 5, 2021.

Hilmer J. Kenty of 17557 Fairfield Street, Detroit, Michigan 48221, county of Wayne, representing persons with experience in boxing, succeeding himself, is reappointed for a term expiring June 5, 2021.

Jeff A. Styers of 47500 Pine Creek Court, Northville, Michigan 48168, county of Wayne, representing persons with experience in boxing, succeeding himself, is reappointed for a term expiring June 5, 2021.

May 26, 2017

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

Michigan Wheat Promotion Committee

Marc Hasenick of 8369 Ferris Road, Springport, Michigan 49284, county of Jackson, representing District 2 growers, succeeding Carl Sparks, is appointed for a term expiring May 31, 2020.

Sally M. McConnachie of 2820 Forester Road, Deckerville, Michigan 48427, county of Sanilac, representing District 5 growers, succeeding herself, is reappointed for a term expiring May 31, 2020.

David J. Milligan of 6226 Bay City Forestville Road, Cass City, Michigan 48726, county of Tuscola, representing District 7 growers, succeeding himself, is reappointed for a term expiring May 31, 2020.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

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

Senator Casperson introduced

Senate Bill No. 409, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32505 and 32511 (MCL 324.32505 and 324.32511), as added by 1995 PA 59.

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

Senators Colbeck, Schuitmaker, Emmons, Proos, Jones, Green, Marleau, Brandenburg, Bieda, Hansen, Nofs, Pavlov, Shirkey, O’Brien and Hune introduced

Senate Bill No. 410, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), as amended by 2016 PA 379.

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

Senators Jones, Proos, Hertel, Schuitmaker, Marleau, MacGregor, Hune, Knollenberg, Emmons, Schmidt, Robertson, Brandenburg, O’Brien and Hansen introduced

Senate Bill No. 411, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9302, 9305, and 9321 (MCL 333.9302, 333.9305, and 333.9321), and by adding section 9308.

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

Senators Hertel, Knezek, Conyers, Young, Ananich, Bieda and Gregory introduced

Senate Bill No. 412, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16221b.

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

Senators O’Brien, Jones, Bieda, Hertel, Rocca, Brandenburg and Knollenberg introduced

Senate Bill No. 413, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 49 (MCL 750.49), as amended by 2006 PA 129.

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

Senators O’Brien, Jones, Bieda, Hertel, Rocca, Brandenburg and Knollenberg introduced

Senate Bill No. 414, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2017 PA 30.

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

Senator Schmidt introduced

Senate Bill No. 415, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.635) by adding section 28f.

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

House Bill No. 4169, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 503 (MCL 436.1503).