No. 67
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Tuesday, October 2, 2018.
10:00 a.m.
Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
Senator Kowall moved that the Senate adjourn, pursuant to rule 1.205.
The motion prevailed, the time being 10:01 a.m.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, September 26:
House Bill Nos. 4734 5542 5548 5549 5992 6011 6012 6107 6108
The Secretary announced that the following bills were printed and filed on Wednesday, September 26, and are available on the Michigan Legislature website:
Senate Bill Nos. 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132
House Bill Nos. 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395
6396 6397 6398 6399 6400 6401
The Secretary announced that the following bills were printed and filed on Thursday, September 27, and are available on the Michigan Legislature website:
House Bill Nos. 6402 6403 6404 6405 6406 6407 6408 6409 6410 6411 6412 6413 6414 6415
6416
Committee Reports
The Committee on Energy and Technology reported
Senate Bill No. 1050, entitled
A bill to amend 1925 PA 368, entitled “An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act,” by amending the title and sections 13 and 14 (MCL 247.183 and 247.184), section 13 as amended by 2005 PA 103.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael L. Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Energy and Technology reported
House Bill No. 5837, entitled
A bill to amend 1976 PA 448, entitled “Michigan energy employment act of 1976,” (MCL 460.801 to 460.848) by adding section 36a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael L. Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 951, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 5a to chapter II.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 952, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 317a (MCL 750.317a), as added by 2005 PA 167.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1092, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2014 PA 10.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Wednesday, September 26, 2018, at 9:00 a.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Schuitmaker, Rocca, Emmons and Bieda
The Committee on Regulatory Reform reported
Senate Bill No. 1094, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as amended by 2016 PA 180.
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, 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
Senate Bill No. 1102, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3212 (MCL 600.3212), as amended by 2011 PA 301.
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, Hune, Warren, Hertel and Knezek
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
House Bill No. 5719, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 2016 PA 434.
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, Hune, Warren, Hertel and Knezek
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 747, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 306 (MCL 32.706), as amended by 2013 PA 99.
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.
The Committee on Appropriations reported
Senate Bill No. 1116, entitled
A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 3, 9, 10, 11, and 13 (MCL 247.903, 247.909, 247.910, 247.911, and 247.913), sections 3, 11, and 13 as amended by 2016 PA 501, section 9 as amended by 2016 PA 500, and section 10 as amended by 1993 PA 149.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 1118, entitled
A bill to authorize the department of technology, management, and budget to convey or transfer state-owned property in Muskegon County; to prescribe conditions for the conveyance; to provide for the powers and duties of certain state departments in regard to the property; and to provide for the disposition of revenue derived from the conveyance.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
The Committee on Appropriations reported
House Bill No. 5411, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 45 (MCL 38.45), as amended by 2002 PA 743.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, September 26, 2018, at 11:00 a.m., Room 1100, Binsfeld Office Building
Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young
The Committee on Education reported
Senate Bill No. 1098, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2018 PA 266.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher, Hune and Hopgood
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources reported
House Bill No. 5321, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2016 PA 356.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Robertson and Stamas
Nays: Senator Warren
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, September 26, 2018, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren
The Committee on Education reported
House Bill No. 5907, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1471 and 1472 (MCL 380.1471 and 380.1472), as added by 1996 PA 159.
With the recommendation that the substitute (S-4) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher, Hune and Hopgood
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Wednesday, September 26, 2018, at 12:15 p.m., Room 1200, Binsfeld Office Building
Present: Senators Pavlov (C), Knollenberg, Booher, Hune and Hopgood
Scheduled Meetings
Criminal Justice Policy Commission - Wednesday, October 3, 9:00 a.m., Room 426, Capitol Building (373-0212)
State Drug Treatment Court Advisory Committee - Tuesday, October 16, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Pursuant to Senate Concurrent Resolution No. 38, the Secretary of the Senate declared the Senate adjourned until Wednesday, October 17, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
1718 JOURNAL OF THE SENATE [October 2, 2018] [No. 67
No. 67] [October 2, 2018] JOURNAL OF THE SENATE 1719
1720 JOURNAL OF THE SENATE [October 2, 2018] [No. 67
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1722 JOURNAL OF THE SENATE [October 2, 2018] [No. 67