No. 89

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Tuesday, October 31, 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 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—excused

Hertel—present Meekhof—present Zorn—present

Hildenbrand—excused Nofs—present

Senator Michael L. Nofs of the 19th District offered the following invocation:

Lord, as we begin this day, we offer a prayer of thanksgiving for the opportunity to serve Your kingdom here on earth. As members of this body, we have been placed in a position to accomplish great things for the people of this state, and we understand that this is a great responsibility as well as a great blessing.

Therefore, Lord, we ask that You provide us with wisdom to know Your will for us, and for courage to carry that out. Bless each of us today, Lord, so that we can do what we were created to do.

This we pray in the name of Your Son Jesus Christ. 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 Senators Brandenburg and Hildenbrand be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

The following communication was received and read:

Office of the Auditor General

October 23, 2017

Enclosed is a copy of the following report:

• Office of the Auditor General 2017 Annual Report.

Sincerely,

Doug Ringler

Auditor General

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

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

September 28, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-054-LR (Secretary of State Filing #17-09-01) on this date at 4:37 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Athletic Trainers.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

September 28, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2015-069-LR (Secretary of State Filing #17-09-02) on this date at 4:38 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Hospice Licensure Rules.”

October 6, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-044-NR (Secretary of State Filing #17-10-01) on this date at 4:08 p.m. for the Department of Natural Resources entitled, “Special Local Watercraft Controls.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

October 19, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2015-029-LR (Secretary of State Filing #17-10-02) on this date at 4:45 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Occupational Therapists - General Rules.”

October 20, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-041-EQ (Secretary of State Filing #17-10-03) on this date at 3:56 p.m. for the Department of Environmental Quality entitled, “Environmental Contamination Response Activity.”

October 24, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-077-IF (Secretary of State Filing #17-10-04) on this date at 4:50 p.m. for the Department of Insurance and Financial Services entitled, “Credit Unions.”

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Department of State

October 13, 2017

In accordance with Article VIII, Part 2, Section 703 of Public Act 268 of 2016, we have attached a Record Look-Up Fee quarterly report for the Department of State for the fourth quarter of FY 2017.

Revenue collected during the fourth quarter of FY 2016 and FY 2017 were $10,610,935 and $15,002,890 respectively. Data used in the preparation of this report was obtained from the MAIN-MIDB database.

Sincerely,

Cindy Paradine, Director

Office of Financial Services

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator Curtis Hertel Jr.

October 17, 2017

I am writing to request my addition in co‑sponsorship of Senate Bill 582, sponsored by Senator Knollenberg.

Please feel free to contact me if you need any further information.

Sincerely,

Curtis Hertel Jr.

State Senator

District 23

The communication was referred to the Secretary for record.

Messages from the Governor

The following messages from the Governor were received:

Date: October 26, 2017

Time: 11:58 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 352 (Public Act No. 137), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343.

(Filed with the Secretary of State on October 26, 2017, at 2:26 p.m.)

Date: October 26, 2017

Time: 12:01 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 49 (Public Act No. 136), being

An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 5106 (MCL 700.5106), as amended by 2000 PA 463.

(Filed with the Secretary of State on October 26, 2017, at 2:24 p.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on October 24, 2017, and read:

EXECUTIVE ORDER

No. 2017-8

Transfer of Responsibilities

Under the Deaf Persons’ Interpreters Act

Creation of the Board of Interpreters for the Deaf, DeafBlind and Hard of Hearing

Department of Civil Rights

Department of Licensing and Regulatory Affairs

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power 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 the Governor 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, there is a continued need to reorganize functions among state departments to ensure efficient administration; and

WHEREAS, the Division of Deaf and Hard of Hearing, established by Public Act 72 of 1937, MCL 408.201 et seq., was transferred from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by Executive Order 2011-4 and renamed the Division on Deaf, DeafBlind and Hard of Hearing by Executive Order 2014-10; and

WHEREAS, the Division on Deafness Fund was created within the Department of Treasury by Public Act 72 of 1937, MCL 408.208, to cover the costs of the Division on Deaf, DeafBlind and Hard of Hearing for the functions transferred by this Order.

NOW, THEREFORE, I, Brian Calley, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. TRANSFER OF RESPONSIBILITIES UNDER THE DEAF PERSONS’ INTERPRETERS ACT

A. All authority, powers, duties, functions, and responsibilities of the Division on Deaf, DeafBlind and Hard of Hearing within the Department of Civil Rights under the Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.501 et seq., including but not limited to rulemaking authority, certification of interpreters, and the collection of fees, are transferred to the Department of Licensing and Regulatory Affairs.

B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Civil Rights necessary for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the Department of Licensing and Regulatory Affairs.

C. All personnel necessary for the certification of interpreters under the Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.501 et seq., are transferred to the Department of Licensing and Regulatory Affairs from the Department of Civil Rights.

D. After the effective date of this Order, all certification fees collected under Section 8e of Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.508e, and deposited into the Division of Deafness Fund pursuant to Section 8f of the act, MCL 393.508f, shall be expended as provided by law to cover the costs of the functions transferred to the Department of Licensing and Regulatory Affairs from the Department of Civil Rights under this Order.

II. CREATION OF THE BOARD OF INTERPRETERS FOR THE DEAF, DEAFBLIND AND HARD OF HEARING

A. The Board of Interpreters for the Deaf, DeafBlind and Hard of Hearing (the “Board”) is created within the Department of Licensing and Regulatory Affairs.

B. The Board shall advise the Director of the Department of Licensing and Regulatory Affairs on all matters related to the certification of interpreters and the administration of the Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.501 et seq., including but not limited to certification requirements, continuing education, and grievances.

C. The Board shall consist of the following 9 members appointed by the Governor and serving at the pleasure of the Governor who are knowledgeable in the field of deaf, deafblind and hard of hearing matters.

D. Two members of the Board shall be deaf, deafblind or hard of hearing persons.

E. Four members of the Board shall be certified deaf persons’ interpreters under Michigan law, one or more of whom may be an interpreter and owner of or work for an interpreter referral agency.

F. One member of the Board shall represent an institution or other organization responsible for education of interpreters or interpreter standards.

G. One member of the Board shall represent an educational institution or other organization that serves the deaf, deafblind or hard of hearing community.

H. One member of the Board shall represent the public and shall not be a certified deaf persons’ interpreter under Michigan law.

I. Annually the Board shall elect a chairperson, a vice-chairperson, and other officers the Board determines necessary.

J. Of the members initially appointed to the Board under Section II. C., 3 members shall be appointed for terms expiring on July 30, 2018, 3 members shall be appointed for terms expiring on July 30, 2019, and 3 members shall be appointed for terms expiring on July 30, 2020. After the initial appointments, voting members shall be appointed to serve terms of four years.

K. A vacancy on the Board occurring other than the expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A member of the Board may be reappointed to subsequent terms, but may not serve more than a partial term and two full terms.

L. A majority of the members of the Board constitute a quorum for the transaction of business at a meeting of the Board. Except as otherwise provided by rule, action by the Board shall be by vote of a majority of the voting members present at the meeting. The Board shall meet as often as necessary to fulfill its duties under this act, but shall meet not less than 2 times a year and at other dates set by the Director of the Department of Licensing and Regulatory Affairs.

M. The Board may adopt procedures consistent with Michigan law and this Order governing its organization and operations.

N. The Board shall be staffed and assisted as necessary by personnel from the Department of Licensing and Regulatory Affairs as directed by the Director of the Department of Licensing and Regulatory Affairs.

III. IMPLEMENTATION

A. The Director of the Department of Licensing and Regulatory Affairs, after consultation with the Director of the Department of Civil Rights, shall provide executive direction and supervision for the implementation of the transfer. The Director of the Department of Licensing and Regulatory Affairs shall administer any assigned functions to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

B. The directors of the departments shall immediately initiate coordination to facilitate the transfer and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Licensing and Regulatory Affairs.

C. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order.

IV. MISCELLANEOUS

A. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state department shall continue to be effective until revised, amended, or rescinded.

B. Any suit, action, or other proceeding lawfully commenced by or against any department identified in Section I of this order prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this 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 24th day of October, in the Year of our Lord Two Thousand Seventeen.

Brian Calley

Acting and Lieutenant Governor

By the Governor:

Ruth A. Johnson

Secretary of State

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

The following message from the Governor was received on October 30, 2017, and read:

EXECUTIVE ORDER

No. 2017-9

Office of the Great Lakes

Department of Natural Resources

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 8 of Article V of the Michigan Constitution of 1963 provides that each principal department of state government shall be under the supervision of the Governor, unless otherwise provided in the Constitution; and

WHEREAS, Section 52 of Article IV of the Michigan Constitution of 1963 declares the conservation and development of the natural resources of this state to be of paramount public concern in the interest of the health, safety, and general welfare of the people; and

WHEREAS, there is a continued need to reorganize the functions among state departments for efficient administration; and

WHEREAS, internal alignment of programs, policies, and communication between Office of the Great Lakes habitat management units and Department of Natural Resources programs such as the Fisheries Division’s Science and Assessment Program and Habitat Management Unit, Habitat Grants Programs, Wildlife Division, and Parks and Recreation Division would strengthen and streamline implementation of Office of the Great Lakes programs; and

WHEREAS, integration of the Office of the Great Lakes’ coordination and policy development role with the Department of Natural Resources’ applied science and management programs would more directly inform policy and management for the natural resources of the Great Lakes; and

WHEREAS, the Office of the Great Lakes will continue to coordinate with the Department of Environmental Quality for achieving alignment during the development of policies, programs, and procedures to protect, enhance, and manage the Great Lakes; and

WHEREAS, it is necessary in the interests of efficient administration and good government to effect these changes in the organization of the Executive Branch of government.

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

I. DEFINITIONS

As used in this Order:

A. “Department of Environmental Quality” means the principal department of state government created as the Department of Environmental Quality under Executive Order 2011-1, MCL 324.99921.

B. “Department of Natural Resources” means the principal department of state government created as the Department of Natural Resources under Executive Order 2011-1, MCL 324.99921.

C. “Great Lakes Management Unit” means the unit created within the Office of the Great Lakes for implementing the Areas of Concern and Lakewide Management Annexes under the Great Lakes Water Quality Agreement of 1978.

D. “Michigan Coastal Zone Management Program” means the program created within the Office of the Great Lakes for Michigan’s implementation of Coastal Zone Management Act of 1972, 16 USC 1456.

E. “Office of the Great Lakes” means the Office of the Great Lakes created under Section 32903 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.32903, subsequently transferred to the Department of Environmental Quality by Executive Order 1995-18, MCL 324.99903, transferred by Type I transfer to the Department of Natural Resources and Environment by Executive Order 2009-45, and transferred by Type I transfer to the Department of Environmental Quality by Executive Order 2011-1, MCL 324.99921.

II. TRANSFER OF THE OFFICE OF THE GREAT LAKES AND ITS PROGRAMS TO THE DEPARTMENT OF NATURAL RESOURCES

A. The Office of the Great Lakes is transferred intact from the Department of Environmental Quality to the Department of Natural Resources. All the authority, powers, duties, functions, responsibilities of the Department of Environmental Quality associated with the Office of the Great Lakes, including but not limited to the Great Lakes Management Unit and the Michigan Coastal Zone Management Program, are transferred to the Department of Natural Resources pursuant to this Order.

B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Environmental Quality for the activities, powers, duties, functions, and responsibilities transferred to the Department of Natural Resources by this Order are transferred to the Department of Natural Resources.

C. The Director of the Office of the Great Lakes shall remain an appointee of the Governor as a cabinet level position.

III. IMPLEMENTATION

A. The Director of the Department of Natural Resources, after consultation with the Director of the Department of Environmental Quality, shall provide executive direction and supervision for the implementation of the transfer. The Director of the Department of Natural Resources shall administer any assigned functions to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

B. The directors of the departments involved in the transfer made under this Order shall immediately initiate coordination to facilitate the transfer and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Natural Resources.

IV. MISCELLANEOUS

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 30th day of October, in the Year of our Lord Two Thousand and Seventeen.

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:

October 9, 2017

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

Board of Barber Examiners

Micaela A. Reardon of 20808 Marter Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing the general public, succeeding herself, is reappointed for a term expiring September 30, 2021.

Phillip D. Smith of 173 Nicole Drive, Brooklyn, Michigan 49230, county of Jackson, representing barbers, succeeding himself, is reappointed for a term expiring September 30, 2021.

October 9, 2017

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

Library of Michigan Board of Trustees

Stacy Nowicki of 6594 Rose Arbour Avenue, Kalamazoo, Michigan 49009, county of Kalamazoo, representing librarians from a college or university, succeeding herself, is reappointed for a term expiring October 1, 2020.

October 9, 2017

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

Board of Marriage and Family Therapy

Andrea K. Wittenborn of 2750 Kittanset Drive, Okemos, Michigan 48864, county of Ingham, representing professionals, succeeding Gary Bischof, is appointed for a term expiring June 30, 2020.

October 9, 2017

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

State Survey and Remonumentation Commission

Andrew James Hartwick of 7615 Boysen Road, Shelbyville, Michigan 49344, county of Barry, representing the general public, succeeding himself, is reappointed for a term expiring October 20, 2021.

William L. Karr of 28705 S. M-129, Pickford, Michigan 49774, county of Chippewa, representing surveyors from the Upper Peninsula, succeeding himself, is reappointed for a term expiring October 20, 2021.

October 9, 2017

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

World War I Centennial Commission

Joseph S. Calvaruso of P.O. Box 310, Galesburg, Michigan 49053, county of Kalamazoo, is appointed for a term expiring December 31, 2018.

Christopher C. Causley of 22778 Melrose Drive, Eastpointe, Michigan 48021, county of Macomb, is appointed for a term expiring December 31, 2018.

John Dempsey of 9400 Northampton Drive, Plymouth, Michigan 48170, county of Wayne, is appointed for a term expiring December 31, 2018.

Edwin C. Fogarty of 24 Warren Street, Hillsdale, Michigan 49242, county of Hillsdale, is appointed for a term expiring December 31, 2018.

David C. Hales of 21107 Oxford Drive, Farmington Hills, Michigan 48336, county of Oakland, is appointed for a term expiring December 31, 2018.

Ken Hibl of 800 Witbeck Drive, Clare, Michigan 48617, county of Clare, is appointed for a term expiring December 31, 2018.

Shelly E. Kasprzycki of 5091 Merriman Road, Jackson, Michigan 49201, county of Jackson, is appointed for a term expiring December 31, 2018.

Dennis Skupinski of 3381 Burbank Drive, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring December 31, 2018.

James E. Spurr of 3589 Whistling Lane, Portage, Michigan 49024, county of Kalamazoo, is appointed for a term expiring December 31, 2018.

Mark A. Sutton of 5377 Durfee Road, Eaton Rapids, Michigan 48827, county of Eaton, is appointed for a term expiring December 31, 2018.

Dennis Olson of P.O. Box 190, Quinnesec, Michigan 49876, county of Dickinson, is appointed for a term expiring December 31, 2018.

October 23, 2017

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

Barrier Free Design Board

Ronald Roy Campbell of 983 Hammond Avenue, Flint, Michigan 48503, county of Genesee, representing architects, succeeding himself, is reappointed for a term expiring October 31, 2020.

Jason Marc Turkish of 25710 Salem Road, Huntington Woods, Michigan 48070, county of Oakland, representing visually impaired, succeeding himself, is reappointed for a term expiring October 31, 2020.

Jeffrey K. Eischen of 5130 Chianti Drive, Clarkston, Michigan 48348, county of Oakland, representing individuals who have impaired hearing, succeeding Greg Pollock, is appointed for a term expiring October 31, 2020.

October 26, 2017

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

Michigan Board of Speech Language Pathology

Ryan Burklow of 10006 Cranston Street, Livonia, Michigan 48150, county of Wayne, representing the general public, succeeding Lynee Wells, is appointed for a term expiring December 31, 2020.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

Senator Casperson entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:07 a.m.

11:09 a.m.

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

During the recess, Senator Johnson entered the Senate Chamber.

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 Knollenberg as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 442, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 131, 143, 151, 202, 217, 246, 282, 283, 286, 287, 288, 301, 302, 405, 407, 525, 611, 703a, 707, 746, 762, 764, 765, 778, 784, 922, 923, 1042, 1056, and 1060 (MCL 450.1131, 450.1143, 450.1151, 450.1202, 450.1217, 450.1246, 450.1282, 450.1283, 450.1286, 450.1287, 450.1288, 450.1301, 450.1302, 450.1405, 450.1407, 450.1525, 450.1611, 450.1703a, 450.1707, 450.1746, 450.1762, 450.1764, 450.1765, 450.1778, 450.1784, 450.1922, 450.1923, 450.2042, 450.2056, and 450.2060), sections 131 and 217 as amended and section 746 as added by 2008 PA 402, section 143 as amended by 2006 PA 47, sections 151, 407, and 525 as amended by 2001 PA 57, sections 202, 405, 611, 703a, 762, and 784 as amended and sections 282, 283, 286, 287, and 288 as added by 2012 PA 569, sections 246, 765, and 923 as amended by 1989 PA 121, sections 301, 302, 707, and 1042 as amended by 1997 PA 118, sections 764 and 922 as amended by 1993 PA 91, section 778 as amended by 2013 PA 123, section 1056 as added by 1982 PA 407, and section 1060 as amended by 2015 PA 66.

The bill 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. 630, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 321a and 732 (MCL 257.321a and 257.732), section 321a as amended by 2012 PA 13 and section 732 as amended by 2015 PA 11.

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. 360, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17751 (MCL 333.17751), as amended by 2016 PA 49.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

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

Senate Bill No. 378, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20106, 20156, 20173a, and 21311 (MCL 333.20106, 333.20156, 333.20173a, and 333.21311), section 20106 as amended by 2015 PA 104, section 20156 as amended by 2006 PA 195, section 20173a as amended by 2014 PA 66, and section 21311 as amended by 2004 PA 74, and by adding sections 21302 and 21311a.

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 pursuant to Joint Rule 20, inserted the full title.

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. 428 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel 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 Zorn

Gregory Knezek Proos

Nays—0

Excused—3

Brandenburg Hildenbrand Young

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 full title.

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

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

House Bill No. 4170

House Bill No. 4171

House Bill No. 4173

House Bill No. 4174

Senate Bill No. 606

The motion prevailed.

The following bill was read a third time:

House Bill No. 4170, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20919 (MCL 333.20919), as amended by 2014 PA 312, and by adding part 56B and section 20192a.

The question being on the passage of the bill,

Senator Warren offered the following amendments:

1. Amend page 13, line 15, after “PROFESSIONAL” by striking out “OR HEALTH FACILITY”.

2. Amend page 13, line 18, after “PROFESSIONAL” by striking out “OR HEALTH FACILITY”.

3. Amend page 13, line 20, after “FACILITY.” by inserting “IF A HEALTH PROFESSIONAL IS UNABLE TO FIND ANOTHER HEALTH PROFESSIONAL OR HEALTH FACILITY TO REFER OR TRANSFER THE PATIENT TO, THE HEALTH PROFESSIONAL SHALL COMPLY WITH THE MEDICAL ORDERS ON THE POST FORM.”.

4. Amend page 13, line 23, after “SHALL” by striking out the balance of the line through “IN” on line 25 and inserting “COMPLY WITH”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Hood requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 429 Yeas—11

Ananich Gregory Hopgood Rocca

Bieda Hertel Johnson Warren

Conyers Hood Knezek

Nays—24

Booher Horn Marleau Robertson

Casperson Hune Meekhof Schmidt

Colbeck Jones Nofs Schuitmaker

Emmons Knollenberg O’Brien Shirkey

Green Kowall Pavlov Stamas

Hansen MacGregor Proos Zorn

Excused—3

Brandenburg Hildenbrand Young

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 430 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel 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 Zorn

Gregory Knezek Proos

Nays—0

Excused—3

Brandenburg Hildenbrand Young

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4171, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1106, 5303, 5305, and 5314 (MCL 700.1106, 700.5303, 700.5305, and 700.5314), section 1106 as amended by 2009 PA 46 and sections 5303, 5305, and 5314 as amended by 2013 PA 157.

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. 431 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel 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 Zorn

Gregory Knezek Proos

Nays—0

Excused—3

Brandenburg Hildenbrand Young

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4173, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 6 and 26a (MCL 400.706 and 400.726a), section 6 as amended by 1998 PA 442 and section 26a as added by 1996 PA 194, and by adding section 26c.

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. 432 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel 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 Zorn

Gregory Knezek Proos

Nays—0

Excused—3

Brandenburg Hildenbrand Young

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of licensing and regulatory affairs and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4174, entitled

A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending sections 2 and 11 (MCL 333.1052 and 333.1061), as amended by 2013 PA 155, and by adding section 11a.

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. 433 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel 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 Zorn

Gregory Knezek Proos

Nays—0

Excused—3

Brandenburg Hildenbrand Young

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the execution of a do-not-resuscitate order for an individual in a setting outside of a hospital; to provide that certain actions be taken and certain actions not be taken with respect to a do-not-resuscitate order; to provide for the revocation of a do-not-resuscitate order; to prohibit certain persons and organizations from requiring the execution of a do-not-resuscitate order as a condition of receiving coverage, benefits, or services; to prohibit certain actions by certain insurers; to provide immunity from liability for certain persons; and to prescribe penalties and provide remedies,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 606, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 14a.

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. 434 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel 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 Zorn

Gregory Knezek Proos

Nays—0

Excused—3

Brandenburg Hildenbrand Young

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

The motion prevailed.

Senators Knezek, Ananich, Hood, Bieda, Hopgood, Gregory, Hertel, Johnson, Conyers and Warren offered the following resolution:

Senate Resolution No. 108.

A resolution to urge the Congress of the United States to reauthorize and fully fund the Children’s Health Insurance Program.

Whereas, The Children’s Health Insurance Program (CHIP) provides health care coverage for children in low- and moderate-income families. For two decades, this state-federal partnership has contributed to improving children’s health, school performance, and potential for success in life; and

Whereas, First enacted into law in 1997, CHIP was created with the goal to provide a comprehensive health insurance option designed specifically for children. With bipartisan support, this program has been continually reauthorized and funded by Congress; and

Whereas, On September 30, 2017, funding for CHIP expired, placing in jeopardy the health care of almost 9 million children. While CHIP is currently authorized through 2019, funding for the program must be renewed; and

Whereas, Congressional action to restore CHIP funding is vital to continue to provide the health care coverage needed by millions of children. In Michigan, the program covers at least 120,000 children and has assisted in providing vital health care for families in Flint, Michigan. If Congress does not act, the future health and lives of children will face uncertainty as states exhaust remaining funding and are forced to weigh the difficult decision of whether to discontinue the program or shift state funds from other important areas; now, therefore, be it

Resolved by the Senate, That we urge the Congress of the United States to reauthorize and fully fund the Children’s Health Insurance Program; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Kowall moved that the resolution be referred to the Committee on Insurance.

The motion prevailed.

Senator Schuitmaker was named co‑sponsor of the resolution.

Senators Warren, Hopgood, Conyers, Bieda, Gregory, Ananich, Knezek, Hood, Hansen, Proos, Nofs and Meekhof offered the following concurrent resolution:

Senate Concurrent Resolution No. 27.

A concurrent resolution to encourage the Michigan Department of Natural Resources to establish a Water Trails Grant Program to support Michigan’s water trails.

Whereas, Paddling Michigan’s waterways for recreation and other purposes has been a part of Michigan’s long history. Paddlesports are one of the fastest-growing outdoor activities in the nation, contributing more than $140 million to Michigan’s economy; and

Whereas, Michigan has over 4,700 miles of water trails, traversing some of Michigan’s most remote and natural environments as well as some of the state’s most industrial and urban environments. These water trails exist along Michigan’s Great Lakes coastline, connecting to water trails in other states and provinces throughout the Great Lakes basin. Water trails help support and promote environmental awareness and stewardship of Michigan’s waterways and water quality; and

Whereas, A formal state water trail and designation program would complement existing water trails and help solidify best practices and standards for future water trail development. A competitive criteria-based grant program under the auspices of a formal state water trail program would provide much needed support and resources for planning efforts, capital improvement projects, marketing materials, and water safety programs for water trails. Such a program could provide, with available funding, a competitive and score-based grant fund to support capital improvements, including signage, kayak racks, restrooms, accessible launches, picnic areas, pavilions, boat washing stations, portages, trash containers, promotional materials, and water safety and marine patrol programs along water trails regardless of their state or federal designation. In addition, the program could support the michiganwatertrails.org website; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we encourage the Michigan Department of Natural Resources to establish a Water Trails Grant Program to support Michigan’s water trails; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Michigan Department of Natural Resources and the members of the Natural Resources Commission.

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.

Introduction and Referral of Bills

Senator O’Brien introduced

Senate Bill No. 638, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1103 and 1105 (MCL 500.1103 and 500.1105), as amended by 2000 PA 283, and by adding section 1106.

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

Senators Hopgood, Hertel, Warren and Bieda introduced

Senate Bill No. 639, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 3135.

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

Senator Pavlov introduced

Senate Bill No. 640, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 4 (MCL 474.104), as amended by 2016 PA 349.

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

Senator Emmons introduced

Senate Bill No. 641, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16141, 16145, 16343, 18201, 18211, 18221, 18223, 18233, and 18237 (MCL 333.16141, 333.16145, 333.16343, 333.18201, 333.18211, 333.18221, 333.18223, 333.18233, and 333.18237), sections 16141 and 16145 as amended by 1993 PA 80, section 16343 as added by 1993 PA 79, sections 18211 and 18221 as amended by 2006 PA 395, section 18223 as amended by 2014 PA 385, section 18233 as amended by 1994 PA 234, and section 18237 as amended by 1998 PA 496, and by adding section 18236.

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

House Bill No. 4411, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 509 (MCL 436.1509).