No. 41
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Thursday, April 26, 2018.
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—excused 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—excused MacGregor—present Stamas—present
Gregory—present Marleau—present Warren—present
Hansen—present Meekhof—present Young—present
Hertel—present Nofs—present Zorn—present
Hildenbrand—present
Reverend Jim Lee of Renaissance Unity of Warren offered the following invocation:
Now we’re bowing our heads in prayer to this one presence and one power that goes by many names, and today we call on this presence and this power, God Almighty—the omniscient, the absolute magnificent essence of the universe.
We pray today with an attitude of gratitude and we’re grateful because we are alive and awake and aware, and we’re grateful on this day that we are being seen, in fact, not viewed. We’re so grateful and thankful that we’re in our right mind, and I call upon this God Almighty to bless everyone here as they honor their commitment to be of service to the great state of Michigan. Almighty God, bless everyone here with Your wisdom as they grapple with complex issues and conditions to bring forth good for this great state.
Our prayer today, God, is that we live in this state of Michigan, but also we acknowledge that we live in a state of creativity and innovation and abundance that is the lifeblood of this magnificent state into the future. We see and know that something is springing forth with wonderful health and wealth and prosperity for everyone—for the upper class, for the middle class, and for the underprivileged class, everyone here can prosper. That is our prayer.
May all who are in this legislative body be filled with the courage and the boldness to stand up to bring forth the best that they have for Michigan, and may everyone here be connected to that one true source which is You, God, transcending all polarity. On this day, we declare this a new day, full of infinite possibilities as we affirm and declare that the best is yet to be.
My prayer is, May the light of God surround you, the love of God enfold you, the power of God protect you, and the presence of God watch over each and every one of you. We affirm and declare that this is so through the presence and the power of the infinite loving guidance of God Almighty.
So let it be, and so it is. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Brandenburg and Hertel entered the Senate Chamber.
Senator Hood moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Hopgood be excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senator Schmidt be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senator Green be excused from today’s session.
The motion prevailed.
Senator Schmidt entered the Senate Chamber.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received:
Office of Senator Tonya Schuitmaker
April 24, 2018
I would like to take this opportunity to respectfully request that I be added as a co‑sponsor of Senate Resolution 153.
Thank you for your consideration of this request. If you have any questions or concerns, please do not hesitate to reach me at (517) 373-0793.
Sincerely,
Tonya Schuitmaker
Senate President Pro Tempore
District 26
The communication was referred to the Secretary for record.
Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Meekhof’s statement is as follows:
As always, we have a lot of folks that work for us that do a lot of things behind the scenes, and I have one of them here today, Paul Fisher, who will be retiring from the Legislative Service Bureau’s legal editing services after 38 years. Paul began as a proofreader at LSB in 1980 and is now retiring as a supervisor.
His expertise in the field led him to share his skills teaching at both Michigan State University and Lansing Community College. He is a patient teacher and supervisor, and his proficiency will be missed by many at LSB.
With over 48,000 sections of Michigan Compiled Laws, Paul has likely read all of them during his time at LSB, sometimes after working well into the night and morning. Paul has played a pivotal role in the legislative process to ensure that the legislation we work on is not only accurate but clear and consistent, and we are grateful for his service.
We wish Paul and his wife Sandy the happiest of retirements. Could we congratulate and thank Paul for his service to this body?
Senator Young entered the Senate Chamber.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Nofs and Hildenbrand 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.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:10 a.m.
10:25 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Nofs and O’Brien introduced the Michigan Youth ChalleNGe Academy, Acting Director Major Robert Vaught, Student Council Leader Mr. Myer, Cadet Company Commander Cadet Shively, Student Council President Cadet Malone, Student Council Vice President Cadet Hahn, and Student Council Secretary Cadet Sarazin; and recognized their accomplishments.
During the recess, Senator Hildenbrand and Representative Albert introduced the Lowell High School Red Arrows Wrestling Team, MHSAA Division 2 State Champions, and Coach R.J. Boudro; and presented them with a Special Tribute.
Coach Boudro responded briefly.
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. 30
Senate Resolution No. 105
Senate Concurrent Resolution No. 20
Senate Concurrent Resolution No. 21
The motion prevailed.
Senators Ananich, Bieda, Hood, Hopgood, Knezek, Gregory, Hertel, Young, Conyers and Warren offered the following resolution:
Senate Resolution No. 157.
A resolution to commemorate April 28, 2018, as Workers’ Memorial Day.
Whereas, Every year on April 28, in cities, towns, at worksites and memorials in communities around the world, we gather to honor friends, family members, and colleagues who have been killed or injured on the job; and
Whereas, More than 579,000 workers’ lives have been saved since the passage of the Occupational Safety and Health Act in 1970, but many workers remain in serious danger; and
Whereas, The Federal Bureau of Labor Statistics reports that 5,190 fatal work injuries were recorded in the United States in 2016, and an estimated 50,000-60,000 died from occupational diseases; and
Whereas, In 2017, 162 workers were lost through fatal workplace accidents in Michigan, and in 2016, there were 97,000 injuries and illnesses reported; and
Whereas, It is appropriate to honor the memory of the courageous and dedicated members of Michigan’s labor force who have been injured, disabled, or have died as a result of workplace accidents; and
Whereas, We remember those who have died in workplace catastrophes, suffered occupation-related diseases, or have been injured due to dangerous conditions; and
Whereas, Recognition of the integrity of Michigan’s work force and its achievements on behalf of the economic growth of our state is necessary; and
Whereas, The Michigan Senate wishes to pay tribute to the workers who have died, been injured, or disabled in workplace accidents. We honor the contributions of Michigan’s work force and call for increased workplace safety; now, therefore, be it
Resolved by the Senate, That we hereby commemorate April 28, 2018, as Workers’ Memorial Day.
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, Knollenberg and Rocca were named co‑sponsors of the resolution.
Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Ananich’s statement is as follows:
Today I rise to address my resolution to honor Workers’ Memorial Day here in Michigan. We’re home to a great labor tradition here in Michigan, and we all care about the workers who make our state run. We’ve made great strides to protect our workers, but we still have a ways to go. In 2018, we shouldn’t be seeing any more workplace deaths, but we still do. So today, I am asking that we reaffirm our commitment to keeping workers safe on the job.
Senators Hertel, Schuitmaker, Rocca, Gregory, Conyers, Young and Ananich offered the following resolution:
Senate Resolution No. 158.
A resolution to recognize April 26, 2018, as Survivor Empowerment Day.
Whereas, Sexual assault is an endemic in our society, with one in three women and one in six men experiencing some form of sexual violence in their lifetime; and
Whereas, Incidents of sexual assault are exponentially higher on college campuses, where women ages 18-24 are three times more likely to experience sexual assault; and
Whereas, Despite this pervasiveness, an estimated 63 percent of sexual assaults and 90 percent of campus sexual assaults are not reported; and
Whereas, In order to create meaningful cultural and systemic change to end sexual violence, the voices of survivors who bravely come forward must be heard and uplifted; and
Whereas, We encourage survivors to embrace their voice and realize their power to become agents of change; and
Whereas, Survivor Empowerment Day is intended to promote a society where survivors of sexual assault are believed, supported, and strengthened; and
Whereas, We recognize the continuing need to bring awareness to this issue and stand in solidarity with every survivor of sexual assault; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 26, 2018, as Survivor Empowerment Day.
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 Bieda, Booher, Casperson, Hansen, Hood, Knezek, Knollenberg, MacGregor, Proos, Warren and Brandenburg were named co‑sponsors of the resolution.
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:
Today I rise in support of my resolution to recognize April 26, 2018, as Survivor Empowerment Day in Michigan. In recognition of Sexual Assault Awareness Month in April, Survivor Empowerment Day is a day dedicated to encouraging survivors of sexual assault to embrace their voice, realize their power, and to become agents of change. This day is also intended to promote a society where survivors are heard, believed, strengthened, and uplifted.
Joining us in the Gallery are many guests who are here in Lansing today in support of Survivor Empowerment Day. Though I know just how prevalent and widespread the issue of sexual assault is, I was awestruck by the outpouring of support and dedication to survivors we have seen throughout this event today. We have advocates who have driven to Lansing from Sault Ste. Marie and another who took a red-eye flight from Seattle just to be here with us and talk to legislators about their stories. They are here to show this Legislature how many lives are affected by sexual violence and how far all should be willing to go to support them.
There are a few guests in particular today who I would like to recognize. We have 18 of the Sister Survivors joining us today—the women who captivated the nation earlier this year as their voices rang out from an Ingham County courthouse. These women sparked a national dialogue, broke systems that enabled abusers, brought their abuser to justice, and have inspired us all with their strength and powerful words. Those of us listening intently were quick to dub their powerful testimonies and courage in facing their abuser as empowering. While that may be true for some survivors, for many, the experience from the sentencing, to the media attention, to the public scrutiny, and to legal cases has been fraught with rehashing trauma and lingering questions—“Am I believed?” We’re here to say, definitively, “Yes.” Survivor Empowerment Day gives survivors back what many of them were missing for far too long—controlling their own story. We hope survivors will embrace their voice today and leave with the knowledge that they will hold the power to effect real and lasting change. We hope every survivor knows this Legislature hears you. We believe you. We know your voice can change the world.
At 11:00 a.m., colleagues, I want to join you in the Speaker’s Library where we will have pizza, a luncheon, and speakers. At 1:00 p.m., in Rooms 402 and 403, we’re going to have a forum on consent. I ask that you try to join us for all that. I also ask that my colleagues please support this resolution, and co‑sponsor it as well.
Senators Bieda, Gregory, Conyers and Knezek offered the following resolution:
Senate Resolution No. 159.
A resolution to encourage the Congress of the United States to enact stronger Medicare fraud enforcement measures.
Whereas, The Medicare program costs over $591 billion in 2017. Also in that year, the program lost about $60 billion in tax dollars, or about 10 percent of program costs, to fraud and waste, an amount reportedly higher than the annual budget for some federal departments and programs; and
Whereas, The Medicare program provides vital health care to millions of seniors and disabled individuals. Fraud and abuse in the Medicare system stem from numerous sources and are costing the program billions of dollars; and
Whereas, Funds are fraudulently siphoned from the Medicare program in various ways. Most commonly, the theft occurs as a result of charges for services that were not delivered, duplicate claims, falsified records, identity theft, fraudulent actions of patients and providers, billing for unnecessary equipment, and inflated claims; and
Whereas, Medicare fraud results in approximately $1,000 lost in health care spending for each Medicare enrollee. Additionally, fake billing impacts individual beneficiaries by causing a loss of personal medical information and may result in higher life insurance rates; and
Whereas, More efforts to address fraud before it takes place is essential to turning the tide of Medicare fraud. Part of the fight involves health care advocates who must encourage beneficiaries to scrutinize their explanation of benefit statements, and carefully guard their Medicare cards; now, therefore, be it
Resolved by the Senate, That we encourage the Congress of the United States to provide funding for early detection of fraud and to enact stronger Medicare fraud enforcement measures; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
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 question being on the adoption of the resolution,
Senator Kowall moved that the resolution be referred to the Committee on Health Policy.
The motion prevailed.
Senators Ananich, Booher, Brandenburg, Hansen, Hertel, Hood, Knollenberg, Rocca and Warren were named co‑sponsors of the resolution.
Senators Warren, Gregory, Hopgood, Kowall, Brandenburg, Hansen and Marleau offered the following resolution:
Senate Resolution No. 160.
A resolution to express support for efforts to raise awareness of the fight against cancer.
Whereas, Cancer is one of the major public health threats facing our state and nation. Cancer is the second leading cause of death in the United States, and a person has a 1 in 3 chance of developing cancer; and
Whereas, More than 57,000 Michiganders will receive the news that they have been diagnosed with cancer in 2018. Cancer patients face countless challenges associated with their diagnoses, including physical, emotional, financial, and daily challenges; and
Whereas, There is a continued need to raise awareness of this disease, share information on ways to reduce the risk of cancer, and support the efforts to find a cure. The American Cancer Society, its partners, and similar organizations help meet these needs by helping people stay well, finding cures, and fighting this disease; and
Whereas, The Coaches vs. Cancer Program is an example of the collaborative efforts to fight against cancer. This nationwide partnership between the American Cancer Society and the National Association of Basketball Coaches works to leverage the personal experiences, community leadership, and professional excellence of coaches nationwide to increase cancer awareness and promote healthy living. Through efforts like the Coaches vs. Cancer “Suits and Sneakers” event, where Michigan coaches join with their fellow coaches nationwide by wearing sneakers with their game attire while coaching games, this program raises awareness about the fight against cancer and shares the importance of nutrition and physical activity in reducing one’s cancer risk. Since 1993, coaches and their supporters have raised more than $87 million for services and programs available to fight cancer; and
Whereas, Partnerships like Coaches vs. Cancer are needed now more than ever to raise awareness of the ways to reduce the risk of cancer. Such endeavors must continue to be supported so that one day cancer will be eliminated as a major public health issue; now, therefore, be it
Resolved by the Senate, That we support efforts to raise awareness of the fight against cancer.
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 Ananich, Bieda, Booher, Casperson, Hertel, Hood, Knezek, Knollenberg, MacGregor, Proos and Rocca were named co‑sponsors of the resolution.
Senators Gregory, Hood, Marleau, Hopgood, Warren, Ananich, Knezek, Conyers, Young, Hertel, Hansen and Bieda offered the following resolution:
Senate Resolution No. 161.
A resolution to commemorate May 2018 as Lupus Awareness Month.
Whereas, The Michigan Lupus Foundation will be highlighting awareness this year by hosting “Cure to the Capitol Lupus Awareness Bike Ride” on Saturday, May 12, 2018, where participants will be biking to the State Capitol from their office in Southfield; and
Whereas, Each year, the lupus agencies of Michigan designate May as Lupus Awareness Month to show support for the 1.5 million Americans and 5 million people worldwide who suffer from the often debilitating effects of lupus, a chronic autoimmune disease that can cause severe damage to the tissue and organs in the body and, in some cases, death; and
Whereas, Thousands of people are newly diagnosed with lupus each year, the great majority of whom are young people in the prime of their lives and 90 percent of whom are women; and
Whereas, Lupus is most prevalent among African Americans, Hispanics, Native Americans, and Asians. Tragically, thousands of people die from lupus each year because a cure remains elusive; and
Whereas, There is a continued need for increased public and professional awareness of lupus; and
Whereas, Medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are underfunded in comparison with diseases of comparable magnitude and severity; and
Whereas, Increasing community awareness and focusing public attention on lupus and its devastating impact on people’s lives will provide hope for a better future for those affected; and
Whereas, The Michigan Lupus Foundation is dedicated to improving the quality of life for individuals with lupus and their loved ones by providing education, support, and outreach services and promoting programs of awareness, advocacy, and research; and
Whereas, This legislative body recognizes the needs of those chronically-ill people who are living with lupus. We urge all citizens to support the search for a cure and assist those individuals and families who deal with this devastating disease on a daily basis; now, therefore, be it
Resolved by the Senate, That we commemorate May 2018 as Lupus Awareness Month; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Lupus Foundation.
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, Knollenberg, Proos and Rocca were named co‑sponsors of the resolution.
By unanimous consent the Senate returned to the order of
Motions and Communications
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. 601
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Casperson introduced
Senate Bill No. 964, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7, 7a, 9, 17, 17a, 19, and 23 (MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.307a, 252.309, 252.317, 252.317a, 252.319, and 252.323), sections 2, 4, 6, 7, 7a, and 17 as amended and section 17a as added by 2014 PA 2 and sections 3, 9, and 19 as amended by 2006 PA 448, and by adding section 8; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Hune introduced
Senate Bill No. 965, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9106 (MCL 324.9106), as amended by 2005 PA 55.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
House Bill No. 4828, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 14a.
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 Transportation.
House Bill No. 5085, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 221 (MCL 436.1221).
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 Health Policy.
House Bill No. 5181, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252a, 252f, and 252g (MCL 257.252a, 257.252f, and 257.252g), section 252a as amended by 2015 PA 48, section 252f as amended by 2008 PA 539, and section 252g as amended by 2012 PA 498.
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 Judiciary.
House Bill No. 5578, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2019; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
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.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5579, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 21f, 21h, 21j, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 32d, 32p, 32q, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 61c, 62, 64b, 64d, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 99h, 99k, 99r, 99s, 99t, 99u, 102d, 104, 104c, 104d, 104e, 107, 147, 147a, 147b, 147c, 147e, 152a, 152b, 166b, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 251, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 274d, 276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1621h, 388.1621j, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1631j, 388.1632d, 388.1632p, 388.1632q, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1662, 388.1664b, 388.1664d, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1699h, 388.1699k, 388.1699r, 388.1699s, 388.1699t, 388.1699u, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1704e, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1766b, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1851, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1874d, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1889), sections 6, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 22a, 22b, 22d, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31b, 31d, 31f, 32p, 32q, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99s, 104, 104d, 147, 147b, 147c, 152a, 152b, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 251, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 21h, 21j, 22m, 22n, 99k, 147e, and 274d as added by 2017 PA 108, sections 11, 21f, 25e, 31a, 31j, 32d, 35a, 61c, 64d, 67a, 95b, 99h, 99r, 99t, 102d, 104c, 107, 147a, and 166b as amended and sections 99u and 104e as added by 2017 PA 143, section 19 as amended by 2016 PA 533, and section 289 as amended by 2013 PA 60, and by adding sections 17c, 22o, 25h, 35b, 54d, 68, 68a, 68b, 68c, 68d, 110, 167b, 210f, 215, 265b, 265c, 265d, 274e, 274f, and 292; and to repeal acts and parts of acts.
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.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5664, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 51a.
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 Transportation.
House Bill No. 5673, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4b.
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 Transportation.
House Bill No. 5726, entitled
A bill to prohibit pyramid promotional schemes; to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties and provide remedies.
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 Commerce.
House Bill No. 5727, entitled
A bill to amend 1974 PA 269, entitled “Franchise investment law,” by amending section 28 (MCL 445.1528).
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 Commerce.
House Bill No. 5728, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2012 PA 187.
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 Commerce.
House Bill No. 5729, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 2 (MCL 445.902), as amended by 2006 PA 508.
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 Commerce.
House Bill No. 5782, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 17a.
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 Transportation.
By unanimous consent the Senate returned 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 Knollenberg 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 bills:
House Bill No. 5100, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 225 (MCL 257.225), as amended by 2014 PA 26.
House Bill No. 5010, 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 bills were 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. 721, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 35317 (MCL 324.35317), as amended by 2012 PA 297.
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. 601, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 8, line 8, after “K-12” by striking out “public”.
2. Amend page 8, line 9, by striking out “a statewide secure schools program” and inserting “public and non-public schools”.
3. Amend page 9, line 15, by striking out “and report to the entities described in section 301(3)”.
4. Amend page 9, line 17, by striking out subdivision (a) and relettering subsequent subdivisions.
The Senate agreed to the substitute as amended 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
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. 618, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 12a.
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 rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
Senate Bill No. 601
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4768
House Bill No. 5530
House Bill No. 5531
House Bill No. 5532
House Bill No. 4410
House Bill No. 5234
Senate Bill No. 601
The motion prevailed.
The following bill was read a third time:
House Bill No. 4768, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2016 PA 337.
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. 232 Yeas—35
Ananich Hansen Kowall Rocca
Bieda Hertel MacGregor Schmidt
Booher Hildenbrand Marleau Schuitmaker
Brandenburg Hood Meekhof Shirkey
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Jones Pavlov Young
Emmons Knezek Proos Zorn
Gregory Knollenberg Robertson
Nays—0
Excused—2
Green Hopgood
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 revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5530, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 520o.
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. 233 Yeas—35
Ananich Hansen Kowall Rocca
Bieda Hertel MacGregor Schmidt
Booher Hildenbrand Marleau Schuitmaker
Brandenburg Hood Meekhof Shirkey
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Jones Pavlov Young
Emmons Knezek Proos Zorn
Gregory Knollenberg Robertson
Nays—0
Excused—2
Green Hopgood
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 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,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5531, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2016 PA 364.
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. 234 Yeas—35
Ananich Hansen Kowall Rocca
Bieda Hertel MacGregor Schmidt
Booher Hildenbrand Marleau Schuitmaker
Brandenburg Hood Meekhof Shirkey
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Jones Pavlov Young
Emmons Knezek Proos Zorn
Gregory Knollenberg Robertson
Nays—0
Excused—2
Green Hopgood
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. 5532, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), as amended by 2016 PA 296.
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. 235 Yeas—35
Ananich Hansen Kowall Rocca
Bieda Hertel MacGregor Schmidt
Booher Hildenbrand Marleau Schuitmaker
Brandenburg Hood Meekhof Shirkey
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Jones Pavlov Young
Emmons Knezek Proos Zorn
Gregory Knollenberg Robertson
Nays—0
Excused—2
Green Hopgood
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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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. 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.
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. 236 Yeas—35
Ananich Hansen Kowall Rocca
Bieda Hertel MacGregor Schmidt
Booher Hildenbrand Marleau Schuitmaker
Brandenburg Hood Meekhof Shirkey
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Jones Pavlov Young
Emmons Knezek Proos Zorn
Gregory Knollenberg Robertson
Nays—0
Excused—2
Green Hopgood
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 codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; 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. 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.
The question being on the passage of the bill,
Senator Jones offered the following substitute:
Substitute (S-1).
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. 237 Yeas—25
Ananich Hansen Knezek O’Brien
Bieda Hertel Knollenberg Schmidt
Booher Hildenbrand Kowall Shirkey
Casperson Hood MacGregor Stamas
Conyers Horn Marleau Warren
Emmons Jones Meekhof Young
Gregory
Nays—10
Brandenburg Nofs Robertson Schuitmaker
Colbeck Pavlov Rocca Zorn
Hune Proos
Excused—2
Green Hopgood
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 not concurred in, 2/3 of the members serving not voting therefor.
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 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 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,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 601, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Ananich offered the following amendments:
1. Amend page 3, following line 1, by inserting:
“Sec. 103. DEPARTMENT OF EDUCATION
(1) APPROPRIATION SUMMARY
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 50,000,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 0
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 50,000,000
Federal revenues:
Total federal revenues................................................................................................................... 0
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 0
Total other state restricted revenues............................................................................................. 50,000,000
State general fund/general purpose.............................................................................................. $ 0
(2) SCHOOL SUPPORT SERVICES
School security enhancement staff and services.......................................................................... $ 50,000,000
GROSS APPROPRIATION.......................................................................................................... $ 50,000,000
Appropriated from:
Special revenue funds:
Countercyclical budget and economic stabilization fund............................................................. 50,000,000
State general fund/general purpose.............................................................................................. $ 0”.
2. Amend page 3, line 2, by striking out “103” and inserting “104”.
3. Amend page 3, line 25, by striking out “15,000,000” and inserting “55,000,000”.
4. Amend page 3, line 26, by striking out “18,000,000” and inserting “58,000,000”.
5. Amend page 4, following line 1, by inserting:
“Special revenue funds:
Countercyclical budget and economic stabilization fund............................................................. 40,000,000”
and adjusting the subtotals, totals, and section 201 accordingly.
6. Amend page 4, following line 14, by inserting:
“DEPARTMENT OF EDUCATION
Sec. 231. From the funds appropriated in part 1 for school security enhancement staff and services, the department shall create a statewide grant program to reimburse school districts for the cost of adding school counselors, school social workers, and school resource officers.”.
7. Amend page 5, line 10, after the first instance of “application” by striking out the balance of the subsection and inserting a period.
8. Amend page 5, line 12, by striking out subsection (4) and renumbering the remaining subsections.
9. Amend page 5, line 20, by striking out “$10,000,000.00” and inserting “$50,000,000.00”.
10. Amend page 5, line 23, after “for” by striking out the balance of the subsection and inserting a period.
The amendments were 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 amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 238 Yeas—15
Ananich Hertel Knollenberg Warren
Bieda Hood O’Brien Young
Conyers Horn Rocca Zorn
Gregory Knezek Schuitmaker
Nays—20
Booher Hansen MacGregor Proos
Brandenburg Hildenbrand Marleau Robertson
Casperson Hune Meekhof Schmidt
Colbeck Jones Nofs Shirkey
Emmons Kowall Pavlov Stamas
Excused—2
Green Hopgood
Not Voting—0
In The Chair: Schuitmaker
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. 239 Yeas—35
Ananich Hansen Kowall Rocca
Bieda Hertel MacGregor Schmidt
Booher Hildenbrand Marleau Schuitmaker
Brandenburg Hood Meekhof Shirkey
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Jones Pavlov Young
Emmons Knezek Proos Zorn
Gregory Knollenberg Robertson
Nays—0
Excused—2
Green Hopgood
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Senators Ananich, Gregory and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Ananich’s statement is as follows:
Fifteen million dollars is not nearly enough, but if it is what the Republicans are willing to give at this time, we will take it. But I will hold you to this being a first step, not a final commitment.
I’m offering an amendment to ease the burden on our already cash-strapped schools. My amendment removes the 25 percent matching requirement, removes the grant limitation amount, and removes the requirement that schools pay for the building improvements and then be reimbursed.
School safety and security is a serious issue and it deserves a serious response. My amendment restores the $50 million in the grant program for building security and then adds the $50 million for the Department of Education to use for school counselors, school social workers, and resource officers. This is a serious commitment to making our schools and children safer.
Michigan law enforcement says they need over $100 million. Wisconsin has committed $100 million to school safety and security. My caucus is prepared to vote to use state dollars to provide schools the necessary resources.
The safety of our kids should not come with conditions and strings. Schools should not be refused grant money because they can’t provide matching funds.
Senator Gregory’s statement is as follows:
I rise to offer my support for the school safety supplemental because I think it’s a start in the right direction, but that doesn’t mean I think it’s the golden solution, because it isn’t. This is just a drop in the bucket compared to what career police officers, educators, school administrators, and public health professionals believe we need to keep our kids safe.
As lawmakers, it’s important for us to take a step back and recognize that we may not have all the answers to every problem. We may use our prior experience throughout the years to make informed decisions. I often rely on my experience in the Marines during Vietnam and over 30 years as a police officer and detective in the Wayne County Sheriff’s Department.
But it’s also important for us to seek out advice from people currently in that field. For example, the Michigan Sheriff’s Association, in conjunction with other public safety professionals, issued the Michigan School Safety Reform Plan. Their plan called for $120 million to place additional sheriffs and police officers in schools, hire more mental health professionals to identify problems early, upgrade buildings with protective measures, and require mandatory reporting to stop school shootings before they happen. We should listen to the public safety experts.
There will be those who say that this supplemental is multiple times what has been offered in the past, but just because it’s more than last time doesn’t mean it’s good enough. We have school safety threats now. We have children dying now. We don’t have time to wait. The time for action is now, not next year.
Senator Bieda’s statement is as follows:
I rise to offer my support for the school safety reforms before us. The number of school threats is the highest it’s ever been in Michigan. We are setting a new record, year after year, for the wrong reasons, and it has to stop. Security experts and school administrators overwhelmingly agree that every school needs basic security features to keep children safe, such as surveillance cameras, panic buttons, and single points of entry. Today, we’re proposing putting $15 million toward those enhancements, which are needed, and that’s why I’m voting for this supplemental.
While we are taking steps in the right direction to keep our children safe, I want to make one thing clear: this is not enough. With nearly 3,500 schools in the state, this $15 million supplemental breaks down to just $4,285 per school building. That’s not nearly enough to outfit every school with reinforced doors. That’s not nearly enough to hire resource officers to patrol every school. That’s not nearly enough to keep our kids safe. Which is why my Democratic colleagues and I introduced the state’s largest school security funding plan nearly a week ago, with more than $100 million proposed for school safety funding. Our children are precious and we believe that every child is worth protecting.
This supplemental puts a $15 million price tag on a lot of public school students which breaks down to about $10 per student, and that’s just $10 per student. I know our students are worth more than a few packs of Skittles. While I’ll be voting “yes” on this supplemental, I want my colleagues to know that this is not enough.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Colbeck and Warren asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
In August 2004, an alert Maryland Transportation Authority police officer observed a woman videotaping the support structure of the Chesapeake Bay Bridge and conducted a traffic stop. The driver of the vehicle was identified as Ismail Elbarasse and detained on an outstanding material witness warrant issued in Chicago, Illinois in connection with fundraising for Hamas. The FBI’s Washington Field Office subsequently executed a search warrant on Elbarasse’s residence in Annandale, Virginia. In the basement of his home, a hidden sub-basement was found. The contents of the sub-basement proved to be the archives of the Muslim Brotherhood in North America. Among the 80 banker-boxes worth of documents discovered there were papers that confirmed what investigators and counter-terrorism experts had long suspected and contended about the myriad Muslim-American groups in the United States: nearly all of them are controlled by the Muslim Brotherhood.
The documents make clear the groups’ sole objective is to implement Islamic law in America in furtherance of re-establishing the global caliphate. One of the most important of these documents made public to date was entered into evidence during the Holy Land Foundation trial. It amounted to the Muslim Brotherhood’s strategic plan for the United States and was entitled, “An Explanatory Memorandum: On the General Strategic Goal for the Group in North America.”
The explanatory memorandum clearly explains the anti-American objectives of the Muslim Brotherhood. It includes the following chilling statement in reference to what they call “civilization jihad”: “The process of settlement is a Civilization-Jihad Process with all the word means. The Ikhwan,” i.e. the Muslim Brotherhood, “must understand that their work in America is a kind of grand jihad in eliminating and destroying the Western civilization from within and sabotaging its miserable house by their hands and the hands of the believers so that it is eliminated and God’s religion is made victorious over all other religions.”
The document goes on to identify friendly organizations in support of this mission statement. Among these organizations are the following: the Islamic Society of North America, the Muslim Student Association—the pledge for members of the Muslim Student Association says that, “jihad is our spirit,” and “I will die to establish Islam,” not exactly the Scout Oath—and another organization is the Islamic Association for Palestine.
In 1994, three years after the explanatory memorandum was written, three leaders of the Islamic Association for Palestine incorporated the Council for American-Islamic Relations, known as CAIR. CAIR was subsequently identified as an unindicted co-conspirator with the Muslim Brotherhood in the Holy Land Foundation trial. All of this information is a matter of evidentiary fact. It is not conjecture. It is not a conspiracy theory as some have asserted.
Just as my expression of concerns with the actions of the Westboro Baptist Church when they interrupt funeral ceremonies for our military heroes is not an indictment of all Christians, neither should my concerns with the Muslim Brotherhood be interpreted as an indictment of all Muslims as some have falsely chosen to assert.
Make no mistake, there are those among us who prefer that the general public be denied awareness of this information about the Muslim Brotherhood and its friendly organizations. They target anyone who seeks to share this information with incendiary terms like racist or xenophobe. Mind you, there is no refutation of the validity of the information that I have shared. They simply lob inflammatory, derogatory remarks my way in an attempt to silence the truth. Silence is their friend.
We cannot afford to be silent on this issue. The organizations which share the professed mission of the Muslim Brotherhood to destroy our nation from within are real, not theoretical. They are active right here in the state of Michigan.
As one who took an oath to support the Michigan Constitution and U.S. Constitution, it is my duty to expose those who would wish to eliminate and destroy our system of governance. They can call me whatever names they want. It is a small price to be paid in the defense of freedom. Others have paid a much higher price.
Now it is my turn and I will not flinch in my service to defend the citizens and values that make America truly exceptional. As fellow policymakers, I encourage each and every one of you in this room to read the explanatory memorandum and join me in the defense of freedom.
Senator Warren’s statement is as follows:
Today I rise to ask for your support for Senate Resolution No. 77, which urges Congress to adopt an amendment to the United States Constitution to clarify the distinction between the free speech of natural persons and the political spending done by corporations. It’s no secret the outcomes of both our state and local elections are increasingly being decided by moneyed interests and candidates who are able to fundraise more dollars instead of the votes of individual citizens. Each year, enormous and ever increasing sums of special-interest money flows into American and Michigan elections, drowning out the voices of individual citizens.
As you know, one of the primary factors that has allowed this concerning trend to continue is the 2010 Supreme Court ruling in Citizens United v. Federal Election Commission, which upheld the ability of corporate donors to make unlimited contributions to influence the outcome of elections. By ruling in Citizens United that corporate donors’ funding of election communications is considered free speech, the United States Supreme Court hamstrung the ability of state legislatures to maintain fair and transparent elections.
Yesterday, reports were due to the Secretary of State’s Bureau of Elections regarding the funds raised and spent in political action committees. But even if our citizens take the time to pore over the reports, they still won’t have the whole picture of who is trying to influence the elections of more than 1,000 candidates who had filed for office before Tuesday.
Colleagues, this is our fault. Even though public opinion shows that large majorities of both Republicans and Democrats believe that increases in political spending and independent expenditures are bad for our democracy, we voted last year for what has been called Citizens United on steroids. We voted not only to allow candidates to use the same attorneys and vendors as super PACs, but even to allow candidates to solicit contributions to super PACs. This election cycle is projected to be the most expensive in our state’s history. These extreme and often untraceable sums of money are undermining fundamental political free speech and the basic democratic principle of one person, one vote, and entrenching special interest groups in our political process.
Unfortunately, ultimately, they are making it increasingly difficult for federal lawmakers, and even us as state legislators, to find solutions to the most pressing issues. It’s becoming increasingly clear that stemming the tide of money in politics is critical to maintaining the freedom of ordinary citizens to effectively and equally participate in the democratic process. It is for this reason that I introduced Senate Resolution No. 77, urging the adoption of a 28th Amendment to the United States Constitution that would allow state legislatures to set campaign finance limits, to prevent anonymous and untraceable spending, and to limit any one individual’s influence over the political process. And, ultimately, to ensure that the voice of ordinary citizens are no longer overwhelmed by corporate interests and wealthy individuals.
This is a change that our constituents are demanding. Just one example: during last summer’s Ann Arbor Art Fairs, an organization called Reclaim Our American Democracy—or ROAD—collected more than 550 signatures on a petition asking that this resolution be brought to a hearing. This issue is more than deserving of a hearing, colleagues, it’s deserving of all of our support.
I hope you will join me in supporting Senate Resolution No. 77.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 25:
House Bill Nos. 4828 5085 5181 5578 5579 5664 5673 5726 5727 5728 5729 5782
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, April 25, for his approval the following bills:
Enrolled Senate Bill No. 809 at 12:00 p.m.
Enrolled Senate Bill No. 810 at 12:02 p.m.
Enrolled Senate Bill No. 811 at 12:04 p.m.
Enrolled Senate Bill No. 812 at 12:06 p.m.
Enrolled Senate Bill No. 813 at 12:08 p.m.
Enrolled Senate Bill No. 814 at 12:10 p.m.
Enrolled Senate Bill No. 841 at 12:12 p.m.
Enrolled Senate Bill No. 290 at 12:14 p.m.
The Secretary announced that the following bills were printed and filed on Wednesday, April 25, and are available at the Michigan Legislature website:
Senate Bill No. 963
House Bill Nos. 5873 5874 5875 5876 5877 5878 5879 5880 5881 5882 5883 5884 5885 5886
5887 5888
Committee Reports
The Committee on Judiciary reported
Senate Bill No. 655, entitled
A bill to create the address confidentiality program; to provide certain protections for victims of domestic violence, sexual assault, stalking, or human trafficking; to prescribe duties and responsibilities of certain state departments; to require the promulgation of rules; to create a fund; to provide for an assessment; to prohibit the disclosure of certain information and obtaining a certification under this act by fraud; and to prescribe penalties.
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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 656, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509q, 758, 759, and 761 (MCL 168.509q, 168.758, 168.759, and 168.761), section 509q as amended by 2012 PA 586, section 758 as amended by 1996 PA 207, and sections 759 and 761 as amended by 2012 PA 523, and by adding sections 499b and 735a.
With the recommendation that the substitute (S-2) 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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 657, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as amended by 2000 PA 112 and section 1307a as amended by 2012 PA 69.
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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 658, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1136 (MCL 380.1136), as added by 2016 PA 367.
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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 903, entitled
A bill to require certain individuals to report suspected sexual assaults of postsecondary students; to provide for the protection of postsecondary students who are sexually assaulted; and to prescribe penalties.
With the recommendation that the substitute (S-2) 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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 954, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 40b, 310, and 314 (MCL 257.40b, 257.310, and 257.314), section 40b as amended by 2012 PA 498, section 310 as amended by 2016 PA 219, and section 314 as amended by 2011 PA 159, and by adding section 310f.
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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 955, 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 1a and 2 (MCL 28.291a and 28.292), section 1a as amended by 2008 PA 31 and section 2 as amended by 2017 PA 31, and by adding section 2a.
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, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 956, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” (MCL 28.301 to 28.308) by adding section 4a.
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, Emmons 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, April 24, 2018, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Schuitmaker, Rocca, Emmons and Bieda
The Committee on Commerce reported
Senate Bill No. 916, entitled
A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.401, 445.402, 445.403, 445.404, and 445.405), sections 1 and 2 as amended by 2008 PA 432, section 3 as amended by 2006 PA 675, and sections 4 and 5 as amended by 2008 PA 428.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce reported
House Bill No. 5435, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 12 (MCL 207.852).
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
House Bill No. 5436, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 12 (MCL 125.2792).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Commerce submitted the following:
Meeting held on Wednesday, April 25, 2018, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel
The Committee on Outdoor Recreation and Tourism reported
Senate Resolution No. 153.
A resolution to oppose the Michigan State Waterways Commission recommendation that legislation be introduced to require the registration with a fee of all rigid-hulled kayaks, canoes, and paddleboards eight feet or longer.
(For text of resolution, see Senate Journal No. 36, p. 562.)
With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted:
A resolution to oppose the Michigan State Waterways Commission Resolution 02-2018-01 which recommends the Legislature implement a registration fee of up to $10 per year for each rigid-hulled kayak, canoe, and paddleboard eight feet or longer.
Whereas, Paddle sports are one of the fastest-growing outdoor activities in the nation. Many Michigan residents and visitors from other states enjoy a leisurely paddle on the waters of this state and in doing so, contribute more than $140 million to Michigan’s economy; and
Whereas, The Michigan State Waterways Commission recently passed Resolution 02-2018-01 recommending that registration fees be implemented for all rigid-hulled kayaks and canoes as well as paddleboards eight feet or longer. Under current law, these vessels are exempt from fees and registration in Michigan; and
Whereas, Most paddlers will receive minimal benefit from the registration fees, especially the many boaters who exclusively paddle inland waterways and rivers. Although some rustic and unimproved access sites exist along Michigan’s waterways and rivers, most funding for access sites go to state boat launches designed for powerboats and trailers. These sites are not necessarily safe or easy for paddlers to use. Paddlers who do choose to launch from state sites must purchase a recreation passport which supports the maintenance and operation of these sites. Registration fees also fund sheriff patrols on Michigan’s inland lakes. Although safer inland lakes are beneficial to paddlers, increased safety patrols will provide little benefit for paddlers traversing rivers and scenic waterways; and
Whereas, As more Michigan residents discover the excitement and adventure of paddling on Michigan waterways, a registration fee on these vessels would only curtail the growth of a sport that provides great benefits to our state. A family sport, paddling allows residents who are unable to participate in powerboating to access our boundless water resources. A registration fee would only place a burden on our residents while adversely impacting the economic benefits that paddle sports bring to Michigan; now, therefore, be it
Resolved by the Senate, That we oppose the Michigan State Waterways Commission Resolution 02-2018-01 which recommends the Legislature implement a registration fee of up to $10 per year for each rigid-hulled kayak, canoe, and paddleboard eight feet or longer; and be it further
Resolved, That copies of this resolution be transmitted to the members of the Michigan State Waterways Commission.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Zorn, Schmidt, Green and Hood
Nays: None
The resolution and the substitute recommended by the committee were placed on the order of Resolutions.
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 5417, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 43513 (MCL 324.40111 and 324.43513), section 40111 as amended by 2015 PA 185 and section 43513 as amended by 2013 PA 108.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Schmidt and Green
Nays: Senator Hood
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Outdoor Recreation and Tourism submitted the following:
Meeting held on Wednesday, April 25, 2018, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Hansen (C), Zorn, Schmidt, Green and Hood
The Committee on Regulatory Reform reported
Senate Bill No. 579, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 233 (MCL 436.1233).
With the recommendation that the substitute (S-2) 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, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Knezek
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
House Bill No. 4667, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 303 (MCL 436.1303).
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, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Knezek
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, April 25, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Rocca (C), Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Knezek
Excused: Senator Jones
The Committee on Appropriations reported
Senate Bill No. 601, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
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.
David S. Hildenbrand
Chairperson
To Report Out:
Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young
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 Appropriations submitted the following:
Meeting held on Wednesday, April 25, 2018, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, April 25, 2018, at 12:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren
COMMITTEE ATTENDANCE REPORT
The Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Wednesday, April 25, 2018, at 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Booher (C), Nofs, Hertel, Hansen, Schuitmaker, MacGregor and Gregory
Scheduled Meetings
Criminal Justice Policy Commission - Wednesday, May 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Finance - Tuesday, May 1, 2:30 p.m., Room 1100, Binsfeld Office Building (373-5312)
Judiciary - Tuesday, May 1, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)
Legislative Council - Wednesday, May 2, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:37 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, May 1, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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