No. 69

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Tuesday, September 12, 2017.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

The roll was called by the Assistant 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—excused Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor Steve Brown of Parkview Baptist Church of Livonia offered the following invocation:

Heavenly Father, we thank You for this opportunity to be here today to pray for our Michigan State Senate. We pray that You would help these men and women in their deliberations and the work that they do today. We pray You bless them and give them a mind of clarity. I also pray, heavenly Father, that You would be glorified today in all that they do.

Lord, we’re thinking about our nation and all the hurricanes and storms and all those who are in harm’s way. We pray, God, that You would be with each and every one of those families in the states of Florida and Texas. Also, Lord, we’re praying for those people who came to their aid and are still going there to minister to them. Keep them safe and bless them for their efforts.

Heavenly Father, we want to just say that we love You, we appreciate You, and we thank You for these people who minister to their different constituencies. Help us to remember, Lord, that what we do today is to be honoring to You and ultimately, that Jesus gets glory.

We pray this in Jesus’ name. Amen.

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

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

The following communication was received and read:

Office of the Senate Majority Leader

September 7, 2017

I respectfully request you hold a hearing on Barbara Smith’s appointment to the Michigan Gaming Control Board and report your findings to the Senate Government Operations Committee.

If you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely,

Arlan Meekhof

30th Senate District

Senate Majority Leader

The communication was referred to the Secretary for record.

The following communication was received and read:

Office of the Auditor General

September 1, 2017

Enclosed is a copy of the following report:

• Performance audit report on the Office of Privacy and Security, Department of Treasury (271-0160-16).

Sincerely,

Doug Ringler

Auditor General

The audit report was 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 10:05 a.m.

10:44 a.m.

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

During the recess, Senators Casperson and Johnson entered the Senate Chamber.

Senator Kowall moved that the Committee on Families, Seniors and Human Services be discharged from further consideration of the following bill:

Senate Bill No. 527, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8b.

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 bill be referred to the Committee on Judiciary.

The motion prevailed.

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:

House Bill No. 4892

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

Messages from the Governor

The following messages from the Governor were received and read:

August 9, 2017

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

Michigan Finance Authority Board of Directors

William R. Beekman of 6180 Whitehills Lake Drive, East Lansing, Michigan 48823, county of Ingham, representing Independents and residents of the state with experience in issues relating to hospitals or health facilities or relating to public finance, succeeding himself, is reappointed for a term expiring September 30, 2021.

Travis Jones of 2101 Evergreen Court, Owosso, Michigan 48867, county of Shiawassee, representing Republicans and residents of this state with experience in economic development issues or relating to public finance, succeeding himself, is reappointed for a term expiring September 30, 2021.

August 9, 2017

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

Governor’s Talent Investment Board

Helen Dietrich of 882 Harding Street, Conklin, Michigan 49403, county of Ottawa, representing the private sector and Region 4, succeeding herself, is reappointed for a term expiring April 15, 2020.

Lee Graham of 12369 Orchard Wood Drive, Fenton, Michigan 48430, county of Livingston, representing labor and Region 6, succeeding Donald O’Connell, is appointed for a term expiring April 15, 2020.

Abdul Haidous of 39225 Glenwood Avenue, Wayne, Michigan 48184, county of Wayne, representing chief elected officials and Region 10, succeeding himself, is reappointed for a term expiring April 15, 2020.

Rhetta G. Hunyady of 13028 N. Jennings Road, Clio, Michigan 48420, county of Genesee, representing youth organizations, succeeding herself, is reappointed for a term expiring April 15, 2020.

Marcus R. James of 6095 Riverview Drive, Jackson, Michigan 49203, county of Jackson, representing the private sector and Region 9, succeeding himself, is reappointed for a term expiring April 15, 2020.

Marilyn Kapp Moran of 6694 Bowen Road, Onaway, Michigan 49765, county of Cheboygan, representing the private sector and Region 3, succeeding herself, is reappointed for a term expiring April 15, 2020.

Douglas A. Parkes of 724 Harbor Drive, Manistee, Michigan 49660, county of Manistee, representing the private sector and Region 2, succeeding himself, is reappointed for a term expiring April 15, 2020.

Brad Rusthoven of 5867 West Grand River Avenue, Lansing, Michigan 48906, county of Clinton, representing the private sector and Region 7, succeeding himself, is reappointed for a term expiring April 15, 2020.

August 14, 2017

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

Chair - Autism Council

Christopher Pinter of 1017 Brissette Beach Road, Kawkawlin, Michigan 49341, county of Bay, succeeding Diane Henzelman, is appointed for a term commencing August 26, 2017 and expiring at the pleasure of the Governor.

Autism Council

Rebecca Anne McIntyre of 8181 10 Mile Road, N.E., Rockford, Michigan 49341, county of Kent, representing ISDs, local school districts, or transitions coordinators, succeeding Diane Henzelman, is appointed for a term commencing August 26, 2017 and expiring September 30, 2019.

August 14, 2017

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

Michigan State Council for Interstate Juvenile Supervision

Roy Yaple of 4704 Mount Brighton Drive, Brighton, Michigan 48116, county of Livingston, serving as Compact Administrator, succeeding Dale L. Murray, is appointed for a term expiring February 12, 2020.

August 14, 2017

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

Michigan Board of Nursing

Kristin Benit Ahrens of 1369 Flamingo Drive, Wixom, Michigan 48393, county of Oakland, representing nurse practitioners, succeeding Elaine Leigh, is appointed for a term expiring June 30, 2021.

Tatyana Chatman of 6897 Arbor Heights Drive, Hudsonville, Michigan 49426, county of Ottawa, representing licensed practical nurses, succeeding Denise Howard, is appointed for a term expiring June 30, 2021.

Lori Ann Glenn of 3523 North Quarry Creek Drive, White Lake, Michigan 48383, county of Oakland, representing nurse midwives, succeeding Amy Zoll, is appointed for a term expiring June 30, 2021.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Concurrent Resolution No. 10

House Concurrent Resolution No. 3

The motion prevailed.

Senate Resolution No. 36.

A resolution of support for an initiative to bring the first Fisher House to Michigan.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted.

The resolution as substituted was adopted.

Senators Ananich, Bieda, Booher, Green, Hertel, Hildenbrand, Hood, Horn, Jones, Knezek, Knollenberg, MacGregor, Marleau, Meekhof, O’Brien, Pavlov, Proos and Zorn were named sponsors of the resolution.

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

The motion prevailed.

Senator Warren’s statement is as follows:

I rise to speak to Senate Resolution No. 36, which offers this Legislature’s support for the work that is being done to bring the first Fisher House to Michigan. As you may know, the Fisher House program is a unique public/private partnership that offers a home away from home for families of patients receiving medical care at major military and VA medical centers. There are currently 71 Fisher Houses located across the country in 27 states, but none here in Michigan.

Efforts are currently underway to build a Fisher House at the Veterans Administration Ann Arbor healthcare system. This hospital serves veterans with more than 800,000 outpatient visits and more than 5,000 episodes of inpatient care every single year. It provides state-of-the-art healthcare for veterans living in a 15 county area in Michigan and northwest Ohio. It serves as a referral center for specialty care, providing critical medical treatment that is available nowhere else in the current area by any of the Veterans Administration facilities. As a result, many of the patients at the Veterans Administration hospital in Ann Arbor have traveled a long distance to receive care, which can present a significant barrier for many veterans, their families, and their caregivers.

Each month, between 200 and 300 families ask for help finding somewhere to stay so that they can travel with their veteran as he or she receives care. This isn’t just a matter of convenience because family support and engagement has been shown to significantly improve patient outcomes. As the nationwide Fisher House Foundation slogan puts it, “A family’s love is good medicine.” Bringing a Fisher House to Michigan will provide tremendous support to veterans who are dealing with hospitalizations and significant medical challenges. Michigan is home to more than 640,000 living veterans and bringing a Fisher House here to Michigan will provide tremendous support to those veterans who are dealing with hospitalizations and let their families stay with them while they receive their care.

I would like to thank the birthday boy, the Senate Majority Floor Leader, for his support in coming to visit this location in my district and for supporting this resolution. I ask that my colleagues support it.

Senator Kowall offered the following resolution:

Senate Resolution No. 87.

A resolution commemorating September 11-17, 2017, as Michigan Patriot Week.

Whereas, The Legislature recognizes that understanding American history and America’s First Principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001 attacks, the Legislature acknowledges that American citizens must take time to honor the First Principles, founders, documents, and symbols of their history; and

Whereas, The events that led to the signing of the Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American and are honored in public schools across the nation on September 17 of each year as Constitution Day; and

Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the First Principles upon which America was founded and flourishes; and

Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States of America; and

Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s First Principles and have advanced American liberty; and

Whereas, The Bennington Flag, original Betsy Ross American flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, United States Honor Flag, and flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; and

Whereas, We recognize that each generation needs to renew the spirit of America based on America’s First Principles, historical figures, founding documents, and symbols of America; and

Whereas, The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week so that all may offer the reverence that is due to our free republic; now, therefore, be it

Resolved by the Senate, That we hereby commemorate September 11-17, 2017, as Michigan Patriot Week, which symbolically begins on September 11 and concludes on September 17, Constitution 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, Colbeck, Conyers, Hansen, Horn, Jones, Knollenberg, MacGregor, Marleau, Proos and Rocca were named sponsors of the resolution.

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

The motion prevailed.

Senator Kowall’s statement is as follows:

The Legislature recognizes that people need to understand American history, and America’s first principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001 attacks, the Legislature acknowledges that American citizens must take time to honor the first principles, founders, documents, and symbols of our history.

The resolution will designate September 11-17, 2017, as Michigan Patriot Week, which symbolically begins September 11 and concludes on September 17, which is Constitution Day. We recognize that each generation needs to renew the spirit of America based on America’s first principles, historical figures, founding documents, and symbols of America. Citizens, schools, and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week so that we all may offer the reverence that is due to our free republic.

Senators Schuitmaker and Colbeck offered the following concurrent resolution:

Senate Concurrent Resolution No. 20.

A concurrent resolution to praise the United States House of Representatives for passing Kate’s Law, and to urge the United States Senate to take swift action to pass this legislation in order to protect Americans and keep communities safe.

Whereas, Enacting and enforcing immigration law is the responsibility of the federal government. This responsibility includes ensuring that illegal immigrants do not pose a threat to the safety of law-abiding citizens; and

Whereas, Federal law does not do enough to deter violent criminals from returning to the United States after deportation. Kate Steinle was murdered by an illegal immigrant in San Francisco in 2015. Kate’s killer had been deported five times and had seven felony convictions, but continued to return to the United States. Kate’s tragic story is an example of why federal law needs to be strengthened to protect the public; and

Whereas, The U.S. House of Representatives recently passed H.R. 3004, known as Kate’s Law, to increase penalties that may be imposed on criminal aliens convicted of illegal reentry. Harsher penalties would deter criminals from reentering the United States, keeping dangerous people off our streets and reducing the workload for law enforcement at the border. The bill is awaiting action in the U.S. Senate; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we praise the United States House of Representatives for passing Kate’s Law, and urge the United States Senate to take swift action to pass this legislation in order to protect Americans and keep communities safe; 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 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 Judiciary.

The motion prevailed.

Senators Booher, Hansen, Jones, Kowall, Marleau and Proos were named co‑sponsors of the concurrent resolution.

Senators Colbeck, Schuitmaker and Kowall offered the following concurrent resolution:

Senate Concurrent Resolution No. 21.

A concurrent resolution to praise the U.S. House of Representatives for passing the No Sanctuary for Criminals Act and to urge the U.S. Senate to swiftly pass this legislation for the safety of American families and communities.

Whereas, Illegal immigration has been and continues to be a major problem in America that is only exacerbated by sanctuary policies. Under sanctuary policies, local units of government have directed officers, officials, and employees not to fully comply, cooperate, or communicate with federal immigration authorities regarding immigration law and enforcement; and

Whereas, Sanctuary cities, including those in Michigan, that do not uphold federal immigration law make our communities less safe. Illegal immigrants, especially those that commit crimes against American citizens, must be held accountable and be properly dealt with under our country’s immigration laws; and

Whereas, Government officials at all levels—national, state, and local—must follow federal immigration law and work with federal immigration agents. It is when we work in concert that we can have an orderly immigration system that allows upstanding immigrants to enter the country legally while ensuring criminals are sent away and kept from our great nation; and

Whereas, In June 2017, the U.S. House of Representatives passed the No Sanctuary for Criminals Act (H.R. 3003) to stop sanctuary city policies. Among other things, the measure prohibits governmental officials at all levels, including locally, from not complying with federal immigration laws and enforcement. Government entities that are noncompliant can lose certain federal grant money and assistance for not enforcing our country’s laws. This important legislation must continue to be advanced in the U.S. Congress and become law; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we praise the U.S. House of Representatives for passing the No Sanctuary for Criminals Act and urge the U.S. Senate to swiftly pass this legislation for the safety of American families and communities; and be it further

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 Judiciary.

The motion prevailed.

Senators Booher, Hansen and Marleau were named co‑sponsors of the concurrent resolution.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Young entered the Senate Chamber.

Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 435

Senate Bill No. 436

Senate Bill No. 437

Senate Bill No. 438

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 435, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1060, 1062, and 1084 (MCL 600.1060, 600.1062, and 600.1084), section 1060 as amended by 2006 PA 620, section 1062 as amended by 2010 PA 177, and section 1084 as amended by 2013 PA 227.

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. 329 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Brandenburg

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 436, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 304 (MCL 257.304), as amended by 2016 PA 32.

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. 330 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Brandenburg

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 437, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1091 (MCL 600.1091), as added by 2013 PA 274.

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. 331 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Brandenburg

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 438, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1201 (MCL 600.1201), as added by 2012 PA 335, and by amending the heading of chapter 12.

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. 332 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Brandenburg

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

Introduction and Referral of Bills

Senators O’Brien and Schuitmaker introduced

Senate Bill No. 543, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 19a.

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

Senators Colbeck, Pavlov and Green introduced

Senate Bill No. 544, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” (MCL 390.1471 to 390.1486) by amending the title and by adding part 2.