No. 37
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Wednesday, April 18, 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—present 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—excused Marleau—present Warren—present
Hansen—present Meekhof—present Young—present
Hertel—present Nofs—present Zorn—present
Hildenbrand—present
Senator Rick Jones of the 24th District offered the following invocation:
Heavenly Father, we thank You for this beautiful day in the great state of Michigan. Guide us as we do the work for the people and work very hard to make this a better state for every citizen. Watch over the men and women serving overseas. Keep them safe and help them return home.
In Jesus’ name. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Hansen entered the Senate Chamber.
Senator Kowall moved that Senators Casperson, Hildenbrand, Knollenberg, Nofs and Robertson be temporarily excused from today’s session.
The motion prevailed.
Senator Nofs entered the Senate Chamber.
Senator Hood moved that Senators Conyers and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Gregory be excused from today’s session.
The motion prevailed.
Senator Knollenberg entered the Senate Chamber.
The following communication was received and read:
Office of the Senate Majority Leader
April 18, 2018
I would like House Bill 4971 re-referred to the Senate Committee on Local Government.
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 communication was referred to the Secretary for record.
Senator Hildenbrand entered the Senate Chamber.
The following communication was received:
Department of State
April 12, 2018
In accordance with Article VIII, Part 2, Section 703 of Public Act 107 of 2017, we have attached a Record Look-Up Fee quarterly report for the Michigan Department of State (MDOS) for the first quarter of FY 2018.
Revenue collected during the second quarter of FY 2017 and FY 2018 were $14,013,033 and $14,582,060 respectively. Data used in the preparation of this report was obtained from SIGMA Business Intelligence and the MDOS Revenue Interface Branch Report.
Sincerely,
Cindy Paradine, Director
Office of Financial Services
The communication was referred to the Secretary for record.
Senators Casperson and Robertson 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, Lieutenant Governor Calley, designated Senator Proos as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4945, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 657a (MCL 257.657a), as added by 2014 PA 491.
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. 887, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2018 PA 1.
Substitute (S-4).
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:
House Bill No. 4628, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 10a.
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.
Senator Conyers entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Kowall moved that consideration of the following bills be postponed for today:
Senate Bill No. 35
Senate Bill No. 551
The motion prevailed.
Senate Bill No. 841, entitled
A bill to amend 1917 PA 72, entitled “Uniform partnership act,” by amending section 46 (MCL 449.46), as added by 1994 PA 323.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5012
Senate Bill No. 844
Senate Bill No. 803
Senate Bill No. 804
House Bill No. 5644
House Bill No. 5646
House Bill No. 5669
The motion prevailed.
The following bill was read a third time:
House Bill No. 5012, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 862 and 879 (MCL 168.862 and 168.879), section 862 as amended by 2003 PA 302 and section 879 as amended by 1999 PA 216.
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. 206 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—8
Ananich Conyers Hood Knezek
Bieda Hertel Hopgood Warren
Excused—2
Gregory Young
Not Voting—0
In The Chair: O’Brien
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 844, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 33a of chapter IX (MCL 769.33a), as added by 2014 PA 465.
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. 207 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—2
Gregory Young
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. 803, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 519 (MCL 436.1519).
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. 208 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—2
Gregory Young
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. 804, entitled
A bill 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.
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. 209 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—2
Gregory Young
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:
House Bill No. 5644, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 765 and 795 (MCL 168.765 and 168.795), section 765 as amended by 1996 PA 207 and section 795 as amended by 2004 PA 92, and by adding section 765b.
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. 210 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—2
Gregory Young
Not Voting—0
In The Chair: O’Brien
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5646, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509o (MCL 168.509o), as added by 1994 PA 441.
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. 211 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—2
Gregory Young
Not Voting—0
In The Chair: O’Brien
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5669, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 2, 497c, 523, 523a, 761, and 813 (MCL 168.2, 168.497c, 168.523, 168.523a, 168.761, and 168.813), section 2 as amended by 2003 PA 302, section 497c as added and sections 523, 761, and 813 as amended by 2012 PA 523, and section 523a as added by 2004 PA 92.
The question being on the passage of the bill,
Senator Ananich offered the following amendment:
1. Amend page 3, following line 20, by inserting:
“(x) A COUNTY-ISSUED PHOTO IDENTIFICATION CARD.
(xi) A MUNICIPALLY ISSUED PHOTO IDENTIFICATION CARD.
(xii) A CONCEALED PISTOL LICENSE ISSUED UNDER 1927 PA 372, MCL 28.421 TO 28.435.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 212 Yeas—10
Ananich Hertel Horn Rocca
Bieda Hood Knezek Warren
Conyers Hopgood
Nays—25
Booher Hildenbrand Marleau Robertson
Brandenburg Hune Meekhof Schmidt
Casperson Jones Nofs Schuitmaker
Colbeck Knollenberg O’Brien Shirkey
Emmons Kowall Pavlov Stamas
Green MacGregor Proos Zorn
Hansen
Excused—2
Gregory Young
Not Voting—0
In The Chair: O’Brien
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. 213 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—8
Ananich Conyers Hood Knezek
Bieda Hertel Hopgood Warren
Excused—2
Gregory Young
Not Voting—0
In The Chair: O’Brien
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Young entered the Senate Chamber.
Senators Stamas, Schmidt, Horn, Jones, Marleau, Brandenburg, Hune and Ananich introduced
Senate Bill No. 950, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 513 (MCL 500.513), as added by 2001 PA 24.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Gregory, Knollenberg and Nofs introduced
Senate Bill No. 951, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 5a to chapter II.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Zorn, Knollenberg and Nofs introduced
Senate Bill No. 952, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 317a (MCL 750.317a), as added by 2005 PA 167.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Marleau introduced
Senate Bill No. 953, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2247.
The bill was read a first and second time by title and referred to the Committee on Insurance.
House Bill No. 5321, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2016 PA 356.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Announcements of Printing and Enrollment
The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, April 17:
House Bill No. 5321
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, April 17, for his approval the following bill:
Enrolled Senate Bill No. 521 at 3:16 p.m.
The Secretary announced that the following bills were printed and filed on Tuesday, April 17, and are available at the Michigan Legislature website:
Senate Bill Nos. 943 944 945 946 947 948 949
House Bill Nos. 5810 5811 5812 5813 5814 5815 5816 5817 5818 5819 5820 5821 5822 5823
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Committee Reports
The Committee on Government Operations reported
House Concurrent Resolution No. 15.
A concurrent resolution to memorialize the Congress of the United States to take action on immigration reform.
(For text of resolution, see Senate Journal No. 78 of 2017, p. 1482.)
With the recommendation that the concurrent resolution be adopted.
Arlan B. Meekhof
Chairperson
To Report Out:
Yeas: Senators Meekhof, Hansen, Kowall, Ananich and Hood
Nays: None
The concurrent resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submitted the following:
Meeting held on Tuesday, April 17, 2018, at 1:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood
The Committee on Education reported
House Bill No. 4422, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2015 PA 219.
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.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Booher, Hune and Hopgood
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 Education submitted the following:
Meeting held on Tuesday, April 17, 2018, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Pavlov (C), Knollenberg, Booher, Hune and Hopgood
The Committee on Judiciary reported
Senate Bill No. 845, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 10 (MCL 18.360), as amended by 2008 PA 390.
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, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 4410, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2404 (MCL 700.2404), as amended by 2000 PA 177.
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, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5215, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 185 (MCL 750.185).
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, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5234, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 3g and 3h to chapter XI.
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, Emmons and Bieda
Nays: Senator Rocca
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, April 17, 2018, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Schuitmaker, Rocca, Emmons and Bieda
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Corrections submitted the following:
Meeting held on Tuesday, April 17, 2018, at 12:22 p.m., Room 1100, Binsfeld Office Building
Present: Senators Proos (C), Knollenberg and Gregory
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Health and Human Services submitted the following:
Meeting held on Tuesday, April 17, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators MacGregor (C), Marleau, Proos, Shirkey, Gregory, Nofs and Hertel
COMMITTEE ATTENDANCE REPORT
The Committee on Commerce submitted the following:
Meeting held on Wednesday, April 18, 2018, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel
Scheduled Meetings
Economic Development and International Investment - Thursday, April 19, 1:30 p.m., Room 1200, Binsfeld Office Building (373-5323)
Transportation - Thursday, April 19, 8:00 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:35 a.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, April 19, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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