No. 57

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Tuesday, June 5, 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—excused Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Conyers—present Knollenberg—present Schuitmaker—present

Emmons—present Kowall—present Shirkey—present

Green—present MacGregor—present Stamas—present

Gregory—present Marleau—present Warren—present

Hansen—present Meekhof—present Young—present

Hertel—present Nofs—present Zorn—present

Hildenbrand—present

Thomas Stephenson of Greenville offered the following invocation:

Lord, we thank You for this day and this opportunity to be in Lansing in front of this great state’s Senate.

I pray that You bless these Senators today as they do the work of the state and for its people. I pray for unity and cooperation, that these Senators work together for the good of the state. And most importantly, I pray for the people, that they may benefit from the work done today.

Thank You, Lord. Amen

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

Motions and Communications

Senator Jones entered the Senate Chamber.

Senator Bieda moved that Senators Ananich and Hood be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Kowall moved that Senator Casperson be excused from today’s session.

The motion prevailed.

The following communication was received and read:

Office of the Auditor General

May 31, 2018

Enclosed is a copy of the following report:

• Performance audit report on the Michigan Rehabilitation Services, Michigan Department of Health and Human Services. (431-0246-16)

Sincerely,

Doug Ringler

Auditor General

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

The following communication was received and read:

Department of State

June 1, 2018

I, Ruth Johnson, Secretary of State of the State of Michigan, certify that the attached proposed law appeared on the legislative initiative petition filed with the Secretary of State on November 3, 2017 by Protecting Michigan Taxpayers, 2145 Commons Parkway, Okemos, Michigan 48864. I further certify that on June 1, 2018, the Michigan Board of State Canvassers determined that said initiative petition contains “at least the minimum number of valid signatures required under Article 2, Section 9, of the Constitution of the State of Michigan of 1963.” I therefore submit to the Michigan State Legislature said legislative proposal for consideration as provided under Article 2, Section 9, of the Constitution of 1963.

Sincerely,

Ruth Johnson

Secretary of State

INITIATION OF LEGISLATION

An initiation of legislation to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558); and to provide for an appropriation for related purposes.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Enacting section 1. 1965 PA 166, MCL 408.551 to 408.558, is repealed.

Enacting section 2. For the fiscal year ending September 30, 2018, $75,000.00 is appropriated from the general fund to the department of licensing and regulatory affairs. The appropriation under this section is designated as a work project under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, for the purpose of implementing and communicating information about the repeal of 1965 PA 166, MCL 408.551 to 408.558, to be accomplished by state employees or by contract with an estimated cost not exceeding $75,000.00 and an estimated completion date by December 31, 2019.

Enacting section 3. If any part or parts of this act are found to be in conflict with the State Constitution of 1963, the United States Constitution, or federal law, this act shall be implemented to the maximum extent that the State Constitution of 1963, the United States Constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act.

CERTIFICATION OF PETITION TO INITIATE LEGISLATION

We, the undersigned members of the Michigan Board of State Canvassers, hereby certify that on June 1, 2018, the legislative initiative petition filed with the Secretary of State on November 3, 2017 by Protecting Michigan Taxpayers, 2145 Commons Parkway, Okemos, Michigan 48864, was certified to contain at least the minimum number of valid signatures required under Article 2, Section 9, of the Constitution of the State of Michigan of 1963. The minimum number of valid signatures required is 252,523.

Norman D. Shinkle Julie Matuzak

Chairperson Vice-Chairperson

Colleen Pero Jeanette Bradshaw

Member Member

The initiative petition was received in the Senate on June 1, 2018, at 1:55 p.m.

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator Steven M. Bieda

May 30, 2018

Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bills 941 (Sen. Hildenbrand) and 942 (Sen. Hansen) which were introduced on April 12, 2018.

Sincerely,

Steve Bieda

State Senator

9th District

The communication was referred to the Secretary for record.

Senators Booher, Hildenbrand and Proos entered the Senate Chamber.

Messages from the Governor

The following message from the Governor was received on June 4, 2018, and read:

EXECUTIVE ORDER

No. 2018-6

Rescission of Executive Order 2018-4

State Emergency Medical Services Coordinating Committee

Department of Health and Human Services

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and

WHEREAS, emergency medical services are a critical component of public health and safety in Michigan; and

WHEREAS, the provision of emergency medical services has become increasingly integrated with other comprehensive systems of care; and

WHEREAS, rural areas in Michigan present unique challenges for the provision of emergency medical services because of the wide dispersal of patients and the heavy reliance on volunteer emergency medical technicians; and

WHEREAS, the State Emergency Medical Services Coordinating Committee (the “Coordinating Committee”) within the Department of Health and Human Services (the “Department”), see MCL 333.20915 & MCL 333.20916, plays a vital role in coordinating the exchange of information on emergency medical services and advising the Department on all matters involving the provision of emergency medical services in Michigan; and

WHEREAS, changes to the composition of the Coordinating Committee are necessary for efficient administration and to ensure that the Department continues to have access to subject-matter expertise from a well-rounded Coordinating Committee that will continue to fully support the evolution of emergency medical services in Michigan;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. RESCISSION OF EXECUTIVE ORDER 2018-4

Executive Order 2018-4 is hereby rescinded and replaced by this Order.

II. STATE EMERGENCY MEDICAL SERVICES COORDINATING COMMITTEE

A. In addition to the voting members of the Coordinating Committee appointed by the director of the Department pursuant to MCL 333.20915(1), the Coordinating Committee shall also include the following three voting members appointed by the director of the Department to three-years terms:

1. One individual representing local law enforcement;

2. One representative nominated by the Michigan Emergency Nurses Association Executive Board; and

3. One representative nominated by the Michigan Pharmacy Association.

B. In addition to the ex officio members serving on the Coordinating Committee pursuant to MCL 333.20915(2), the Coordinating Committee shall also include the following four ex officio members without the right to vote:

1. One representative of the Department, designated by the director of the Department;

2. The State 9-1-1 Administrator;

3. One representative nominated by the Michigan Center for Rural Health; and

4. One representative nominated by the Michigan Office of Highway Safety Planning.

C. After the director of the Department makes new appointments under subsections (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), and (1)(i) of MCL 333.20915, at least one representative from each of the organizations identified must be associated with a county having a population of not more than 50,000.

D. At least one voting member of the Coordinating Committee shall be from a city with a population of not less than 500,000.

III. MISCELLANEOUS

A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 4th day of June, in the Year of our Lord Two Thousand Eighteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

May 16, 2018

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

Michigan Wheat Promotion Committee

Jason R. Dunning of 6716 W. 32nd Street, Fremont, Michigan 49412, county of Newaygo, representing District 1, succeeding Dean Kantola, is appointed for a term expiring May 31, 2021.

William Hunt of 12193 E. Richfield Road, Davison, Michigan 48423, county of Genesee, representing District 4, succeeding himself, is reappointed for a term expiring May 31, 2021.

Arthur A. Loeffler of 878 Zehnder Drive, Frankenmuth, Michigan 48734, county of Saginaw, representing District 9, succeeding himself, is reappointed for a term expiring May 31, 2021.

May 21, 2018

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

Michigan Board of Dentistry

Joshua S. Goodrich of 10879 New England Road, Constantine, Michigan 49042, county of Saint Joseph, representing the general public, succeeding Laurie Horvath, is appointed for a term expiring June 30, 2021.

May 21, 2018

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

Michigan Board of Massage Therapy

Tina W. Latham-Enix of 2900 Cleveland Avenue, #108, St. Joseph, Michigan 49085, county of Berrien, representing massage therapists, succeeding Rachel Viitala, is appointed for a term expiring December 31, 2019.

May 21, 2018

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

Michigan Board of Medicine

Cara Poland of 7800 Sandy Hollow Drive, S.E., Alto, Michigan 49302, county of Kent, representing physicians, succeeding Lisa Oca, is appointed for a term expiring December 31, 2021.

May 21, 2018

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

State Plumbing Board

Timothy D. Danielak of 336 W. Brown Street, Beaverton, Michigan 48612, county of Gladwin, representing licensed journey plumbers, succeeding Daniel Nixon, is appointed for a term expiring July 31, 2021.

May 25, 2018

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

Michigan Board of Audiology

Richard L. Baldwin of 5947 Star Flower Drive, Haslett, Michigan 48840, county of Ingham, representing the general public, succeeding Diantha Hicks, is appointed for a term expiring June 30, 2020.

Melissa L. Somers of 5657 Cherry Court, Petoskey, Michigan 49770, county of Emmet, representing those licensed to practice medicine or osteopathic medicine and surgery who hold a certificate of qualification from the American Board of Otolaryngology, succeeding herself, is reappointed for a term expiring June 30, 2022.

May 31, 2018

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

Ski Area Safety Board

James R. Bartlett of 7520 Ridge Road, Harbor Springs, Michigan 49740, county of Emmet, representing Lower Peninsula ski area managers, succeeding himself, is reappointed for a term expiring June 8, 2021.

Timothy P. Meyer of 8287 Valley Forge Drive, Cadillac, Michigan 49601, county of Wexford, representing Lower Peninsula ski area managers, succeeding himself, is reappointed for a term expiring June 8, 2021.

May 31, 2018

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

Michigan Veterans Facilities Board of Managers

James L. Ausdemore of 4307 Cordley Lake Road, Pinckney, Michigan 48169, county of Livingston, representing veterans of foreign wars, filling a vacancy, is appointed for a term expiring February 28, 2020.

Harold J. Mast of 4914 Curwood Drive, S.E., Kentwood, Michigan 49508, county of Kent, representing veterans, succeeding James Ausdemore, is appointed for a term expiring February 28, 2020.

Paul Mead of 2724 Old Barn Road, Traverse City, Michigan 49685, county of Grand Traverse, representing AMVETS, succeeding himself, is reappointed for a term expiring February 28, 2021.

Ronald R. Schrieber of 513 Jefferson Road, Roscommon, Michigan 49685, county of Roscommon, representing disabled American veterans, succeeding himself, is reappointed for a term expiring February 28, 2021.

May 31, 2018

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

Michigan Veterans’ Facility Authority Board of Directors

Larry Yachcik of 712 Apache Drive, Fremont, Michigan 49412, county of Newaygo, representing the interests of one or more congressionally chartered veterans’ organizations, succeeding Paul Potter, is appointed for a term expiring April 15, 2021.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

Recess

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

The motion prevailed, the time being 10:06 a.m.

11:19 a.m.

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

During the recess, Senators Hood, Shirkey and Ananich entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Protecting Michigan Taxpayers

Legislative Initiative Petition

An initiation of legislation to repeal 1965 PA 166, entitled “An Act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders: and to prescribe penalties,” (MCL 408.551 to 408.558); and to provide for an appropriation for related purposes.

The initiative petition was read a first and second time by title.

Senator Kowall moved that rule 3.208 be suspended and that the initiative petition be placed on the order of Third Reading of Bills.

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

Senators Ananich, Bieda, Gregory, Conyers, Hopgood, Warren, Hertel and Knezek introduced

Senate Joint Resolution S, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, to clarify the power of referendum when making appropriations and to limit the amendment or repeal of laws proposed by initiative petition and enacted by the legislature.

The joint resolution was read a first and second time by title and referred to the Committee on Elections and Government Reform.

Senator Bieda introduced

Senate Bill No. 1041, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17756 (MCL 333.17756), as amended by 1993 PA 73.

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

Senators Hansen and Nofs introduced

Senate Bill No. 1042, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 506, 520, and 522 (MCL 206.506, 206.520, and 206.522), section 506 as amended by 1996 PA 484 and sections 520 and 522 as amended by 2015 PA 179; 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 Finance.

Senator Hood introduced

Senate Bill No. 1043, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as amended by 2016 PA 363.

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

House Bill No. 4495, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811d (MCL 257.811d), as amended by 2006 PA 562, and by adding section 811cc.