No. 47

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Thursday, May 10, 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—excused Kowall—present Shirkey—present

Green—present MacGregor—present Stamas—present

Gregory—present Marleau—present Warren—present

Hansen—excused Meekhof—present Young—present

Hertel—present Nofs—present Zorn—present

Hildenbrand—present

Pastor Kelly Curell of Clifford Baptist Church of Clifford offered the following invocation:

Heavenly Father, I’d like to thank You for the leadership of this country and our great state of Michigan. I ask this morning that You give these men and women the discernment they need to make the right decisions that will have a lasting impact on the future of our state.

In 1 Kings 3:5, Lord, You ask King Solomon, “What shall I give thee?”, and in verse 9, Solomon, who could have asked for anything, chose to ask for wisdom to be able to discern between good and evil. I pray that our legislators would seek the same wisdom and that they understand the decisions they make today will impact our state for generations to come. Lord, King Solomon was known as the wisest man in the Bible, yet he recognized his need to ask for godly wisdom. I pray that these men and women here today would recognize the need to ask for the same godly wisdom as they lead our state into the future.

Also, Lord, in Romans 14:12, Your word says, “So then every one of us shall give account of himself to God.” I pray that these leaders here today would understand that, according to this verse, they will stand before You someday and give an account for the decisions that they have made and will make in the future.

Lord, I would like to thank You for all that You have done. Thank You for giving us another day that is full of opportunities to serve You, but with these opportunities come tremendous responsibilities. Lord, I ask that You bless this session and bless these legislators as they serve the people of this great state of Michigan; but more than the people, I ask that they would choose to serve You, a great and holy God, for only then will they do the job that You have called them to do.

In Jesus’ holy name, I pray. Amen.

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

Motions and Communications

Senator Kowall moved that Senators Hildenbrand and Shirkey be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senators Hildenbrand, Shirkey and Young entered the Senate Chamber.

Senators Meekhof and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Meekhof’s statement is as follows:

I rise today to remember our colleague and our friend. Many of you in this chamber remember Senator Patty Birkholz. Senator Birkholz passed away on May 3, after a short battle with cancer. Senator Birkholz served in the House from 1997 to 2002, and was elected the first female Republican Speaker pro tempore. She was elected to the Michigan Senate in 2002, and served two terms from 2003 to 2008. In addition to her legislative offices that she has held, Ms. Birkholz served as a Saugatuck Township Parks and Commission member, Saugatuck Township trustee, and Allegan County Treasurer. She also served as president of the Saugatuck Dunes Friends of the State Park, on the Michigan State Parks Citizens Advisory Committee, and the Oxbow Board of Directors.

Upon leaving the Legislature, Senator Birkholz was appointed Director of the Office of the Great Lakes by Governor Rick Snyder, and as the Michigan representative to the Great Lakes Commission. President Barack Obama appointed Senator Birkholz to the National Sea Grant Advisory Board, a position she held until she passed.

In 2010, a 291-acre portion of the 1,000-acre Saugatuck Dunes State Park was renamed the Patricia Birkholz Natural Area by the DNR. Senator Birkholz was a champion for the protection of our natural resources.

On a more personal note, she reached out to me when I was a member of the House, and included me on a piece of—what I think is significant—legislation and helped me to pass a Public Act while a member of the minority. If you all appreciate your state parks passport on your license plate, Senator Birkholz was instrumental in that, and she invited me along to help get that completed.

As many of you know, Senator Birkholz was known for her devotion to the color purple, and as such, the members of this chamber are wearing purple today in honor of our friend, Patty Birkholz. There are few among us who will be fortunate enough to leave a legacy like the one left by Senator Birkholz.

I want to make sure that I recognize a number of her staff members who are here in the Gallery as well—Amanda Price, Sally Durfee, and Bob Wilson all served with distinction with Senator Birkholz.

A moment of silence was observed in memory of Patricia L. Birkholz, former member of the House of Representatives and Senate.

Senator Schuitmaker’s statement is as follows:

Senator Birkholz was not only a wonderful, great Senator, but she was also my constituent, and she was my Senator for a while. I think, as women in politics, we stand on the women who came before us, and she certainly led the path. I just want to say how grateful I am for her being a trailblazer. She always stood on principle and her strong beliefs, and I admired her.

Recess

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

The motion prevailed, the time being 10:15 a.m.

10:30 a.m.

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

Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill:

Senate Bill No. 848, 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 years ending September 30, 2019; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

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

Senate Bill No. 848

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

Senator Kowall moved that the Committee on Health Policy be discharged from further consideration of the following bills:

Senate Bill No. 986, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109h (MCL 400.109h), as added by 2004 PA 248.

Senate Bill No. 987, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9709 (MCL 333.9709), as added by 2004 PA 250.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Kowall moved that the bills be referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Zorn 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 with a substitute therefor, the following bill:

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.

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. 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.

Substitute (S-2).

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. 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.

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. 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.

Substitute (S-2).

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. 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.

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. 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.

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. 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.

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. 848, 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 years ending September 30, 2019; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Messages from the House

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

Senate Bill No. 35

The motion prevailed.

Senate Bill No. 440, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 221 and 543 (MCL 436.1221 and 436.1543), section 543 as amended by 2016 PA 434.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending sections 221 and 543 (MCL 436.1221 and 436.1543), section 543 as amended by 2016 PA 434, and by adding section 303a.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 280 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Stamas

Colbeck Hune O’Brien Warren

Conyers Jones Pavlov Young

Green Knezek Proos Zorn

Gregory Knollenberg Robertson

Nays—0

Excused—2

Emmons Hansen

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.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Third Reading of Bills

Senator Kowall moved to reconsider the vote by which the following bill was passed:

Senate Bill No. 729, entitled

A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending sections 2, 3, and 4 (MCL 487.1002, 487.1003, and 487.1004).

The motion prevailed.

The question being on the passage of the bill,

Senator MacGregor offered the following amendments:

1. Amend page 7, line 8, after “(E)” by striking out “A” and inserting “BEGINNING JULY 3, 2006, A”.

2. Amend page 9, following line 6, by inserting:

“Enacting section 2. Section 4(e), as added by this amendatory act, applies retroactively.”.

The amendments were 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. 281 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Stamas

Colbeck Hune O’Brien Warren

Conyers Jones Pavlov Young

Green Knezek Proos Zorn

Gregory Knollenberg Robertson

Nays—0

Excused—2

Emmons Hansen

Not Voting—0

In The Chair: Schuitmaker

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. 848

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:

Senate Bill No. 715

House Bill No. 5407

Senate Bill No. 946

Senate Bill No. 848

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 715, entitled

A bill to amend 2016 PA 436, entitled “Unmanned aircraft systems act,” by amending section 5 (MCL 259.305).

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. 282 Yeas—31

Ananich Hildenbrand MacGregor Rocca

Booher Hood Marleau Schmidt

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Stamas

Conyers Jones O’Brien Warren

Green Knezek Pavlov Young

Gregory Knollenberg Proos Zorn

Hertel Kowall Robertson

Nays—4

Bieda Colbeck Hune Schuitmaker

Excused—2

Emmons Hansen

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5407, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 15, 43, and 75 (MCL 780.765, 780.793, and 780.825), as amended by 2000 PA 503.

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. 283 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Stamas

Colbeck Hune O’Brien Warren

Conyers Jones Pavlov Young

Green Knezek Proos Zorn

Gregory Knollenberg Robertson

Nays—0

Excused—2

Emmons Hansen

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 establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 946, entitled

A bill to create and operate a Going pro talent program; to provide monetary awards to certain employers to train certain employees; to prescribe the duties and powers of certain state agencies and certain state and local officials; to create certain funds; and to provide for the distribution of money.

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. 284 Yeas—33

Ananich Hildenbrand Kowall Robertson

Bieda Hood MacGregor Rocca

Booher Hopgood Marleau Schmidt

Brandenburg Horn Meekhof Shirkey

Casperson Hune Nofs Stamas

Conyers Jones O’Brien Warren

Green Knezek Pavlov Young

Gregory Knollenberg Proos Zorn

Hertel

Nays—2

Colbeck Schuitmaker

Excused—2

Emmons Hansen

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senators Ananich, Bieda, Booher, Casperson, Gregory, Hertel, Hood, Hopgood, Hune, Knezek, Marleau, Meekhof, O’Brien, Proos, Rocca, Warren and Young were named co‑sponsors of the bill.

The following bill was read a third time:

Senate Bill No. 848, 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 years ending September 30, 2019; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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. 285 Yeas—25

Booher Hune Meekhof Rocca

Brandenburg Jones Nofs Schmidt

Casperson Knollenberg O’Brien Schuitmaker

Colbeck Kowall Pavlov Shirkey

Green MacGregor Proos Stamas

Hildenbrand Marleau Robertson Zorn

Horn

Nays—10

Ananich Gregory Hopgood Warren

Bieda Hertel Knezek Young

Conyers Hood

Excused—2

Emmons Hansen

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

Senate Resolution No. 153

The motion prevailed.

Senator Hune offered the following resolution:

Senate Resolution No. 166.

A resolution recognizing May 13-19, 2018, as InfantSEE® Week.

Whereas, The most critical stages of vision development occur in the first year of a child’s life; and

Whereas, Undetected eye and vision problems can lead to permanent vision impairment or loss of life; and

Whereas, One-in-ten children are at-risk from undiagnosed eye and vision problems; and

Whereas, One-in-thirty children will be affected by amblyopia – a leading cause of vision loss in people younger than 45 years; and

Whereas, Undetected vision problems can contribute to a decrease in a child’s quality of life and may lead to developmental and behavioral difficulties which could impede classroom learning, as well as increase the costs to society; and

Whereas, Early detection of vision problems is the best way to treat and prevent permanent vision impairment; and

Whereas, Member Optometrists of the American Optometric Association and The Vision Care Institute® of Johnson & Johnson, Inc. have partnered to create InfantSEE®, a public health program to provide a one-time, no cost, eye assessment for infants six to twelve months; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize the week of May 13-19, 2018, as InfantSEE® Week. We aim to promote awareness of children’s vision care; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Optometric Association with our highest esteem.

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, Booher, Brandenburg, Hopgood, Jones, Knollenberg, Kowall, MacGregor, Marleau and Proos were named co‑sponsors of the resolution.

Senators Bieda and Hopgood offered the following resolution:

Senate Resolution No. 167.

A resolution to honor the Hmong Special Guerrilla Unit (SGU) Veteran’s Recognition Day in Michigan on May 14, 2018.

Whereas, This special recognition day is to commemorate Hmong combat soldiers that served under the direction of United States military and clandestine forces from 1961-1975, in the Secret War of Laos, during the Vietnam War; and

Whereas, As members and friends gather to commend this patriotic occasion, we add our own thanks for the contributions Hmong veterans of America continue to make to keep our cherished liberties alive; and

Whereas, The Special Guerrilla Unit Veterans and Families of Michigan Inc. (SGUVFM) is the Hmong veteran organization in Michigan, representing the Hmong combat veterans and their families; and

Whereas, The mission of the SGUVFM is to advance the economic condition, educational attainment, health, and civil rights of the Hmong community in Michigan; and

Whereas, The Hmong SGU veterans were vital in many ways during the Secret War in Laos by providing intelligence and troops to one of the nation’s largest operations, rescuing American soldiers, and blocking North Vietnam from using the Ho-Chi Minh Trail to South Vietnam; and

Whereas, It is estimated that at least 35,000 Hmong SGU veterans were killed during the Secret War and the remaining Hmong population in Laos have been victims of ongoing retaliation, murder, and genocide since the conclusion of the war; and

Whereas, On May 14, 1975, the last American CIA withdrew from Laos and the Hmong veterans and their families began their journey to new beginnings; and

Whereas, These veterans and their families were provided with political asylum, refugee status, and citizenship because of their unique contribution to the United States; and

Whereas, The Hmong SGU Veteran’s Recognition Day will be commemorated in Michigan on May 14, 2018, the day the Hmong were evacuated from Laos in search of a better future; and

Whereas, The Special Guerrilla Unit Veterans and Families of Michigan Inc. will continue to recognize Hmong veterans and will perform their own Hmong Veteran’s Memorial including the performance of the color guard, Casket Teams, band and bugler, 21-gun rifle salute, raising the American flag, and honoring the next of kin with appropriate certificates; now, therefore, be it

Resolved, That the members of this legislative body honor the Hmong Special Guerrilla Unit (SGU) Veteran’s Recognition Day in Michigan on May 14, 2018.

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, Booher, Brandenburg, Gregory, Jones, Knollenberg, Kowall and Marleau were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Bieda’s statement is as follows:

I rise today to offer this resolution to recognize a brave group of soldiers who answered the call of duty during the Secret War of Laos. These soldiers weren’t American at the time, but they embodied what it means to be American. These soldiers didn’t have the first-class military training that our soldiers in Vietnam had, but they went into battle with the courage of an experienced veteran. For every one of these soldiers who took up arms to defend the world against communism, countless Americans were able to return to their families while these secret soldiers returned home to genocide. I’m talking about the Hmong soldiers who served during the Secret War of Laos. They provided intelligence and troops to one of our nation’s largest operations, rescuing American soldiers and blocking North Vietnam from using the Ho-Chi Minh Trail to South Vietnam.

I’ve heard stories of Hmong soldiers trudging through thick jungle to rescue downed pilots throughout the course of the conflict before the enemy could get to them. However, in some cases, because of heavy enemy presence, they could not reach them. This breaks their hearts to this day as they consider these soldiers to be their brothers. It’s stories like the one I just shared, that provide a brief insight into the harrowing lives of the Hmong secret soldiers.

Today we have, in the west Gallery, a group of these veterans. I offered this resolution, along with Senator Hopgood and many others, in recognition of the willingness of the Hmong soldiers to put their lives on the line so that Americans could return home from Vietnam. I’m also proud to recognize that the 9th Senate District—that I’ve been honored to represent for almost eight years now—has one of the largest concentrations of the Hmong ethnic group, including the Warren Hmong Alliance Church that is located in Warren.

It’s with a great deal of gratitude, on behalf of American soldiers who were saved by Hmong soldiers during that conflict, that I offer Senate Resolution No. 167.

Senator Brandenburg offered the following resolution:

Senate Resolution No. 168.

A resolution to urge the President of the United States to aggressively enforce the terms, conditions, and intent of the Buy American Act and to urge no waivers to the act be granted.

Whereas, The Buy American Act of 1933 was enacted to help ensure public money is directed to domestically-produced end products. The act provides preferential treatment for domestic sources of unmanufactured articles, manufactured goods, and construction material for public use. In so doing, the act asserts America’s independence to provide the critical supplies and materials needed for our national defense, rather than relying on foreign-sourced supplies and materials; and

Whereas, The domestic purchasing requirements in the Buy American Act help protect and promote critical American industries. American manufacturing is the cornerstone of this nation’s economic engine, and since June of 2009, manufacturing is responsible for creating more than 185,000 new jobs in Michigan. On average, these good-paying jobs provided more than $81,000 in pay and benefits in 2015 to workers in Michigan’s second-largest sector, a sector which accounts for more than 15 percent of the state’s gross domestic product; and

Whereas, Buying American-made products is in the long-term interest of the American taxpayer. The materials and supplies produced by American workers are a good investment. The quality of the items produced domestically ensure that taxpayer money is spent on items that meet robust standards rather than on cheaper foreign-made alternatives that require more maintenance and replacement sooner than American-made goods; and

Whereas, Enforcing the terms and conditions of the Buy American Act also provides an environment in which small and disadvantaged businesses can thrive. The expense of starting and growing a small business in America creates a disadvantage over foreign competitors. Buy American promotes domestic supply chains, ensuring that America’s small businesses play a role in creating domestically-made end products; and

Whereas, Better enforcement of the Buy American Act is necessary to maximize the domestic benefits of this law. In the absence of aggressive enforcement, and with the proliferation of Buy American waivers, American producers and the small businesses upon which we rely are undermined. The federal government should support American manufacturing by aggressively enforcing the Buy American Act and ensuring no waivers to the act are granted; now, therefore, be it

Resolved by the Senate, That we urge the President of the United States to aggressively enforce the terms, conditions, and intent of the Buy American Act and to urge no waivers to the act be granted; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States 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 Commerce.

The motion prevailed.

Senators Ananich, Gregory, Hopgood, Jones, Knollenberg, Kowall, MacGregor, Marleau, Proos and Rocca were named co‑sponsors of the resolution.

House Concurrent Resolution No. 22.

A concurrent 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.

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; and

Whereas, On April 25th, 2018, due to wide-spread public and legislative opposition, the Michigan State Waterways Commission passed Resolution 04-2018-04 which amended Resolution 02-2018-01. This new resolution calls for further evaluation and extended public input how to improve Michigan’s paddle sports recreational opportunities. Further Resolution 04-2018-04 indicates the Michigan State Waterways Commission will not pursue a paddle sport craft fee at this time; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we oppose the registration with a fee of all rigid-hulled kayaks, canoes, and paddleboards eight feet or longer and we encourage the Michigan State Waterways Commission to look at ways to improve recreational opportunities other than recommending new fees on Michigan families; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Michigan State Waterways Commission.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

Senator Kowall moved that the concurrent resolution be referred to the Committee on Outdoor Recreation and Tourism.

The motion prevailed.

Senators Ananich, Brandenburg, Jones, Knollenberg, Kowall, Marleau, Pavlov, Proos and Rocca were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator MacGregor introduced

Senate Bill No. 988, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2018 PA 22.

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

Senator Booher introduced

Senate Bill No. 989, entitled

A bill to provide for a capital outlay program and for certain other state departments; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure of certain appropriations under the supervision of the director of the department of technology, management, and budget and the state administrative board.

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

Senator O’Brien introduced

Senate Bill No. 990, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1264.

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

Senator Zorn introduced

Senate Bill No. 991, entitled

A bill to amend 2013 PA 183, entitled “Student safety act,” by amending section 3 (MCL 752.913).

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

Senators Horn, Stamas, MacGregor, Shirkey, Proos and Schmidt introduced

Senate Bill No. 992, entitled

A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2016 PA 50, and by adding section 1a; 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 Michigan Competitiveness.

Senators MacGregor, Horn, Stamas, Shirkey, Proos and Schmidt introduced

Senate Bill No. 993, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2016 PA 390.

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

Senators Shirkey, Horn, Stamas, MacGregor, Proos and Schmidt introduced

Senate Bill No. 994, entitled

A bill to impose an assessment on certain insurance providers; to impose certain duties and obligations on certain insurance providers, state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to impose certain remedies and penalties.

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

House Bill No. 4158, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 7521a and 7521b.

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. 5828, entitled

A bill to create the comprehensive school safety plan act; to create the school safety commission and provide for its powers and duties; to create the comprehensive school safety plan fund and provide for the use of the fund; and to provide for the powers and duties of certain state and local governmental officers and entities.

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 Education.

House Bill No. 5829, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1241 and 1241a.

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 Education.

House Bill No. 5830, entitled

A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 1 and 5a (MCL 388.851 and 388.855a), section 1as amended by 2004 PA 510 and section 5a as amended by 2006 PA 199.

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 Education.

House Bill No. 5850, entitled

A bill to amend 2013 PA 183, entitled “An act to create the student safety act; to provide for confidential reports of potential harm or criminal activities directed at school students, school employees, and schools; to establish a hotline for filing those reports; to create the student safety fund and to provide for contributions to and expenditures from that fund; to prescribe the powers and duties of certain state officials and departments; to provide for procedures for the release of certain confidential information; to prescribe penalties; and to repeal acts and parts of acts,” by repealing enacting section 1.

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 Education.

House Bill No. 5851, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1308a.

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. 5852, entitled

A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending section 9 (MCL 28.609), as amended by 2017 PA 198, and by adding section 9e.

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.

Statements

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:

As most of you know, I do not do this very often, but I think it’s important, and some issues are just too important to not be discussed in public. As many of you know, there have been a few citizen initiatives that have been going forward—people have put hundreds of hours of work into these because they believe in something.

We’ve all probably heard in the news media or in conversations or in many cases even spoken to the person pushing this plan, that there is—I’ll refer to it as—a scheme, to sort of circumvent the potential will or in fact possibly the will of the voters by, the terminology I’ve been hearing is, “adopt and amend” the recreational marihuana initiative. As I said before, I think certain things should be debated in public, especially issues of this importance. I think the voters of this state deserve to have their voices heard on issues of this magnitude.

I also believe that if this issue needs to be addressed—and it needs to be addressed in a timely manner—that there should be a commitment to make sure that any changes to that initiative should be done before the voters of this state vote. The voters should decide if our actions on this very important issue, if it is chosen by this body and other bodies to take action on it, they should be able to hold us accountable. I think this issue is an extremely important issue for people all across the state—for mothers and fathers, for the medical community, for folks who drive on the roads—to make a very important decision: Is recreational marijuana something that we want to put into place in our state? If so, I think the voters should have a right to vote on that and make their voices heard.

Again, I would implore my colleagues. I think we’ve shown, especially on the Democratic side in this chamber, on issues of this magnitude—whether it comes to medical marihuana or school safety, and the list goes on and on—if there needs to be an issue addressed, we are more than happy to work with you on it. Again, I say that if this issue needs to be addressed now, which I don’t see why it does, there should be a commitment to make sure that changes that are made do not completely change the intent of what the citizens put forward, and if they do, it should be done before the November election so we can be held accountable for the actions that we take.

Senator Gregory’s statement is as follows:

This week, during National Correctional Officers Week, I would like to take a moment to recognize all of our correctional officers for their commitment and dedication to public service by keeping our communities, prison staff, and inmates safe.

Correctional officers and staff make daily sacrifices to ensure the public is protected while helping offenders become productive citizens inside and outside of the prison walls. The challenge of helping individuals successfully transition from prison to productive lives in their communities is one that takes perseverance, strength, and dedication. Putting the safety of others before themselves, working long hours, double shifts, and missing out on special occasions and family events, there is no question that correctional officers sacrifice a great deal each and every day.

Thank you to all of Michigan’s correctional officers and staff. We acknowledge and appreciate your diligent efforts and contributions.

Senator Bieda’s statement is as follows:

I also rise to thank some individuals and organizations. Specifically, today, I want to thank Michigan State University’s Tree Research Center that has provided a limited supply of catalpa seedlings for House and Senate members. Over the years that I’ve served here, I’ve probably planted more catalpa trees in my district than Johnny Appleseed did apple trees. These catalpa trees are really kind of interesting. They’re from the former National Champion that grows on the east lawn of the Capitol—that’s the tree with the fence around it. It’s a really beautiful tree and it’s been an honor to participate in this catalpa tree giveaway over the years. I’d also like to thank Capitol Facilities along with Michigan State University’s Tree Research Center for making these available and for their work on behalf of the state.

Announcements of Printing and Enrollment

The Secretary announced that the following bills were printed and filed on Wednesday, May 9, and are available at the Michigan Legislature website:

House Bill Nos. 5948 5949 5950 5951 5952 5953 5954 5955 5956 5957 5958 5959 5960 5961

5962 5963 5964 5965 5966 5967 5968 5969 5970 5971 5972 5973 5974 5975

5976 5977 5978 5979

Committee Reports

The Committee on Regulatory Reform reported

Senate Bill No. 969, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914b.

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

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, 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. 5591, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2635 (MCL 339.2635), as amended by 2008 PA 531.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Wednesday, May 9, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building

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

Excused: Senator Hune

Scheduled Meetings

Judiciary - Tuesday, May 15, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)

Natural Resources - Tuesday, May 15, 2:30 p.m., Room 1100, Binsfeld Office Building (373-5312)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 11:17 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, May 15, 2018, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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