No. 57

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Tuesday, June 13, 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—excused 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

Dr. Harold DeMott of Eaton Rapids Church of the Nazarene of Eaton Rapids offered the following invocation:

Almighty God, we come into Your presence this morning to invoke Your blessing upon this body, both collectively and individually. We thank You for the women and men who have dedicated their lives to the service of our state through this assembly. Today they will enter into discussions and debate, they will make decisions, and I ask that Your wisdom will be given to them in order that they may make choices that are better than even they may know. By Your spirit, enlighten their minds, strengthen their hearts, and grant encouragement to each of them.

We recognize that the issues we face in our world, our nation, and in our state may seem overwhelming. May we always remember that in the midst of all of these issues and challenges are persons—men and women, children and youth. We pray that the decisions made by this body will facilitate good for all concerned.

I now commend this body, our Governor, and all of those involved in the activities of our state government today, into Your care. Bless, encourage, and guide them, I pray in the name of Jesus. Amen.

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

Motions and Communications

Senators Booher and Nofs entered the Senate Chamber.

Senator Kowall moved that Senators Emmons and Green be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Emmons entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 8:

House Bill Nos. 4285 4306 4320 4335 4336 4416 4417 4418 4419 4474 4636 4637 4638 4639

4641 4642 4661 4690

The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 12, for his approval the following bills:

Enrolled Senate Bill No. 43 at 11:34 a.m.

Enrolled Senate Bill No. 126 at 11:36 a.m.

Enrolled Senate Bill No. 158 at 11:38 a.m.

The Secretary announced that the following bills were printed and filed on Thursday, June 8, and are available at the Michigan Legislature website:

Senate Bill Nos. 442 443 444 445 446

House Bill Nos. 4718 4719 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729 4730 4731

4732 4733 4734 4735 4736 4737 4738 4739 4740 4741 4742 4743

Messages from the Governor

The following messages from the Governor were received:

Date: June 8, 2017

Time: 9:00 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 112 (Public Act No. 47), 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,” (MCL 206.1 to 206.713) by adding section 51e.

(Filed with the Secretary of State on June 9, 2017, at 9:08 a.m.)

Date: June 8, 2017

Time: 9:02 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 113 (Public Act No. 48), being

An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4d (MCL 205.54d), as amended by 2014 PA 53.

(Filed with the Secretary of State on June 9, 2017, at 9:10 a.m.)

Date: June 8, 2017

Time: 10:50 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 114 (Public Act No. 49), being

An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” (MCL 205.91 to 205.111) by adding section 4dd.

(Filed with the Secretary of State on June 9, 2017, at 9:12 a.m.)

Date: June 8, 2017

Time: 10:52 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 115 (Public Act No. 50), being

An act to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending section 9 (MCL 125.2689), as amended by 2011 PA 315.

(Filed with the Secretary of State on June 9, 2017, at 9:14 a.m.)

Date: June 8, 2017

Time: 3:45 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 111 (Public Act No. 46), being

An act to amend 1996 PA 381, entitled “An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,” by amending sections 2, 8a, 11, 13, 13b, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2663b, 125.2665, and 125.2666), sections 2, 8a, 11, 13, 15, and 16 as amended and section 13b as added by 2016 PA 471, and by adding sections 13c and 14a.

(Filed with the Secretary of State on June 9, 2017, at 9:06 a.m.)

Respectfully,

Rick Snyder

Governor

The following messages from the Governor were received and read:

June 2, 2017

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

Committee on Juvenile Justice

Helena Lang of 107 Brandywine Drive, Lansing, Michigan 48906, county of Ingham, representing members who have been or are currently under the jurisdiction of the juvenile justice system and under the age of 24 at the time of appointment, succeeding Michelle M. Jackson, is appointed for a term expiring December 31, 2017.

June 2, 2017

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

Board of Marriage and Family Therapy

Laura D. Mammen of 2558 Brooklyn Avenue, S.E., Grand Rapids, Michigan 49507, county of Kent, representing professionals, succeeding herself, is reappointed for a term expiring June 30, 2021.

Carolyn Harden of 6276 Royal Oak Drive, Haslett, Michigan 48840, county of Ingham, representing the general public, succeeding Terri Grierson, is appointed for a term expiring June 30, 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

Resolutions

Senator Kowall moved that consideration of the following resolutions be postponed for today:

Senate Concurrent Resolution No. 10

Senate Resolution No. 36

The motion prevailed.

Senators Zorn, Colbeck, MacGregor, Jones, Proos, Robertson, Hansen, Brandenburg, Booher, Marleau, Bieda and Schmidt offered the following resolution:

Senate Resolution No. 74.

A resolution commemorating July 2-8, 2017, as Aquatic Invasive Species Awareness Week.

Whereas, Michigan and its economy are defined by the Great Lakes and depend on its great abundance of fresh water for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses; and

Whereas, Preventing the introduction of aquatic invasive species ultimately benefits Michigan, and stopping the introduction of these species would eliminate the need of the state, business, industry, and citizens from employing costly methods to control and manage them; and

Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways, including ballast water, canals and waterways, organisms in trade, and recreational activities; and

Whereas, Over 180 nonindigenous aquatic species are established in the Great Lakes Basin, many of which are displacing native species, disrupting habitats, and degrading natural, managed, and agricultural landscapes, resulting in millions of dollars for control efforts each year; and

Whereas, Michigan has over 900,000 registered boaters and many other recreational, commercial, and industrial users of over 11,000 inland lakes and over 36,000 miles of rivers and streams, many of which are impacted by aquatic invasive species; and

Whereas, Aquatic invasive species awareness is an important first step toward behavior change which prevents the introduction and spread of aquatic invasive species; and

Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and

Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations, and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it

Resolved by the Senate, That we hereby commemorate July 2-8, 2017, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further

Resolved, That all citizens are encouraged to increase their understanding and awareness of aquatic invasive species and their environmental and economic impacts, and take preventative measures to stop the introduction and spread of aquatic invasive species; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture and Rural Development, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and Great Lakes Commission.

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 Conyers, Gregory, Hopgood, Horn, Kowall and Warren were named co‑sponsors of the resolution.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

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

Recess

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

The motion prevailed, the time being 10:07 a.m.

11:07 a.m.

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

During the recess, Senator Green entered the Senate Chamber.

Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 354

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

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 Shirkey 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. 352, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343.

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. 433, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 402 (MCL 333.27402).

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. 354, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811ll.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:

House Bill No. 4082

House Bill No. 4215

The motion prevailed.

The following bill was read a third time:

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.

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. 248 Yeas—36

Ananich Gregory Knezek Proos

Bieda Hansen Knollenberg Robertson

Booher Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Zorn

Nays—0

Excused—2

Johnson 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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“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,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4215, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676 (MCL 257.676), as amended by 2003 PA 184.

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. 249 Yeas—30

Ananich Hertel MacGregor Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knezek Pavlov Stamas

Green Knollenberg Proos Zorn

Hansen Kowall

Nays—6

Bieda Gregory Hopgood Warren

Conyers Hood

Excused—2

Johnson 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.

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.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Robertson introduced

Senate Bill No. 447, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 18a.

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

Senator Marleau introduced

Senate Bill No. 448, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2014 PA 278.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Hertel and Meekhof introduced

Senate Bill No. 449, entitled

A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Ingham County; to provide for powers and duties of state departments, agencies, and officers and branches of state government in regard to the property; and to provide for disposition of revenue derived from the conveyances.

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

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

House Bill No. 4285, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 47 and 89a (MCL 211.47 and 211.89a), section 47 as amended by 1994 PA 253 and section 89a as amended by 2008 PA 512.