No. 6
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Tuesday, January 23, 2018.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—excused 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
Reverend Thomas Blossom of Juniata Baptist Church of Vassar offered the following invocation:
Almighty God, the Creator of heaven and earth, we come to You in prayer today. We know You love us and we know You care for the affairs of men. As we pray for our leaders in government, we thank You, Lord, for our Governor Snyder, our Lieutenant Governor Calley, our Senators and Representatives, and our judges and officers of the court. We thank You for our first responders and for all those who serve in our Armed Forces. Protect those who defend us, and give wisdom to our judges and our leaders.
Have mercy on us, dear Lord. Help us with the pressing issues of our great state, Michigan. Help us to work for the good of all. Lord, give us the spirit of humility; give us the spirit of cooperation and unity. Lord, You’ve given us a wonderful promise in 2 Chronicles, “If my people, who are called by my name, shall humble themselves and pray and seek my face, and turn from their wicked ways, then will I hear from heaven, forgive their sin, and heal their land.”
Lord, give us strength to stand for the right, to stand up for the poor and needy, to help our veterans, our homeless and sick, and to pray out for those who have no voice. We stand, Lord, in Your place, writing laws that You would have us to write, correcting wrongs and making sure that there is justice and opportunities for all.
Oh, that we would have statesmen with character and integrity and a servant’s heart. Help us to realize that someday we will stand before You and give an account for what we have done here. We know that our time here is short. Others have come and gone. It is now our responsibility, dear Lord, to serve not only the people of Michigan, but also to serve you. For You have said in Your Word, “Blessed is that nation whose God is the Lord,” and Lord, we’re asking You: bless this state because You are our God.
Jesus, we look to You who lived a perfect life, died on the cross for our sins, and rose again from the dead. As it is written, “Believe on the Lord Jesus Christ and thou shalt be saved.” Lord, help us to trust in You and to seek Your help every day.
We humbly pray this prayer in the name which is above every name, the name that gives hope and eternal life, Jesus Christ. Amen and 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 Pavlov be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Johnson be excused from today’s session.
The motion prevailed.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
10:56 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Pavlov and Young entered the Senate Chamber.
The following communication was received and read:
Office of the Auditor General
January 19, 2018
Enclosed is a copy of the following reports:
• Report on Internal Control, Compliance, and Other Matters on the State of Michigan 401K Plan, Fiscal Year Ended September 30, 2017 (071-0156-18).
• Report on Internal Control, Compliance, and Other Matters on the State of Michigan 457 Plan, Fiscal Year Ended September 30, 2017 (071-0157-18).
• Report on Internal Control, Compliance, and Other Matters on the Michigan Economic Development Corporation, Fiscal Year Ended September 30, 2017 (186-0406-18).
Sincerely,
Doug Ringler
Auditor General
The audit reports were referred to the Committee on Government Operations.
The following communication was received:
Department of State
January 12, 2018
In accordance with Article VIII, Part 2, Section 703 of Public Act 107 of 2017, we have attached a Record Look-Up Fee quarterly report for the Michigan Department of State (MDOS) for the first quarter of FY 2018.
Revenue collected during the first quarter of FY 2017 and FY 2018 were $11,663,503 and $12,655,314 respectively. Data used in the preparation of this report was obtained from SIGMA Business Intelligence and the MDOS Revenue Interface Branch Report.
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 Steven M. Bieda
January 16, 2018
Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bills 417 and 418 which were introduced on May 31, 2017, by Senator O’Brien (Senate Bill 417) and Senator Emmons (Senate Bill 418) and are currently in the Senate Families, Seniors and Human Services Committee.
Sincerely,
Steve Bieda
State Senator
9th District
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Marty Knollenberg
January 18, 2018
Per Senate Rule 1.110(c), I am requesting my name be added for co‑sponsorship to Senate Bill 752, which was introduced on January 18, 2018 by Senator Wayne Schmidt.
A copy of Senate Bill 752 is included for your reference.
Sincerely,
Marty Knollenberg
State Senator
13th District
The communication was referred to the Secretary for record.
Messages from the Governor
The following messages from the Governor were received and read:
December 18, 2017
I respectfully submit to the Senate the following appointments to office:
Developmental Disabilities Council
Karsten K. Bekemeier of 2399 Kings Cross, East Lansing, Michigan 48823, county of Ingham, representing an individual from the state agency that administers funds provided under the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), is appointed for a term expiring September 30, 2021.
Todd A. Koopmans of 1100 State Street, Apt. 8, Fremont, Michigan 49412, county of Newaygo, representing individuals with a developmental disability and a member of the Self-Advocates of Michigan, succeeding Katie Miller, is appointed for a term expiring September 30, 2020.
January 11, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Cosmetology
Gabriella M. Abel of 2355 Club Meridian Drive, Apt. B5, Okemos, Michigan 48864, county of Ingham, representing the general public, succeeding Marcie Otteman, is appointed for a term expiring December 31, 2020.
January 11, 2018
I respectfully submit to the Senate the following appointment to office:
Investment Advisory Committee
Dina L. Richard of 887 Pond Island Court, Northville, Michigan 48167, county of Oakland, succeeding Eirk Lundberg, is appointed for a term expiring December 15, 2020.
January 11, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Education Trust Board of Directors
Michael Flynn of 54809 Rienas Lane, Shelby Township, Michigan 48315, county of Macomb, nominee of the Senate Majority Leader, succeeding himself, is reappointed for a term expiring December 31, 2020.
January 11, 2018
I respectfully submit to the Senate the following appointments to office:
Michigan Council for Rehabilitation Services
Brenda Henige of 6247 Endenhall Way, Apt. 11, East Lansing, Michigan 48823, county of Ingham, representing current or former applicants for, or recipients of, vocational rehabilitation services, succeeding Zach Tomlinson, is appointed for a term expiring December 31, 2020.
Jacqueline K. Tahtinen of 11082 Voltz Road, Pelkie, Michigan 49958, county of Baraga, representing vocational rehabilitation counselors, succeeding Deanne Middlebrooks, is appointed for a term expiring December 31, 2019.
Carol L. Bergquist of 1221 5th Avenue South, Escanaba, Michigan 49829, county of Delta, representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, providing vocational rehabilitation services grants to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies, succeeding herself, is reappointed for a term expiring December 31, 2020.
January 16, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Indigent Defense Advisory Commission
Kristina L. Robinson of 3320 Spinnaker Lane, Unit 14W, Detroit, Michigan 48207, county of Wayne, the nominee of the Chief Justice of the Supreme Court, succeeding Kevin Offner, is appointed for a term expiring April 1, 2019.
January 18, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Social Work
Michael Fiorillo of 3112 Guilford Street, Royal Oak, Michigan 48073, county of Oakland, representing professionals, succeeding himself, is reappointed for a term expiring December 31, 2021.
January 18, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Speech Language Pathology
Jeffrey S. Weingarten of 21482 Wedgewood, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing physicians/otolaryngologists, succeeding himself, is reappointed for a term expiring December 31, 2021.
January 19, 2018
I respectfully submit to the Senate the following appointments to office:
Michigan Carrot Commission
Ralph J. Oomen of 1736 E. Jackson Road, Hart, Michigan 49420, county of Oceana, representing process growers, succeeding himself, is reappointed for a term expiring October 31, 2020.
Glenn R. Vogel of 6726 W. Lake Drive, Fremont, Michigan 49412, county of Newaygo, representing fresh growers, succeeding Stanley Van Singel, is appointed for a term expiring October 31, 2020.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
The following message from the Governor was received and read:
January 17, 2018
Please be advised of the following rescinded appointment filed with your office on January 5, 2018 in a letter dated December 8, 2017:
Lake Superior State University Board of Control
Beth Ann Gibson of 407 West Harrie, Newberry, Michigan 49868, county of Luce, succeeding Douglas R. Bovin, is appointed for a term commencing January 28, 2018 and expiring January 27, 2026.
Sincerely,
Rick Snyder
Governor
The message was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Zorn as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 577, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 15a.
Senate Bill No. 618, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 12a.
House Bill No. 4218, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14d.
The bills were 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:
House Bill No. 4644, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 2016 PA 454.
Substitute (S-3).
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 bills be postponed for today:
Senate Bill No. 35
Senate Bill No. 316
The motion prevailed.
Senate Bill No. 409, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32505 and 32511 (MCL 324.32505 and 324.32511), as added by 1995 PA 59.
The House of Representatives has amended the bill as follows:
1. Amend page 4, line 10, after the third “OF” by striking out “1%” and inserting “0.5%”.
2. Amend page 4, line 10, after the fourth “OF” by inserting “TWICE”.
3. Amend page 4, line 14, after the third “OF” by striking out “1%” and inserting “0.5%”.
4. Amend page 4, line 14, after the fourth “OF” by inserting “TWICE”.
The House of Representatives has passed the bill as amended, 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 amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 17 Yeas—23
Booher Hansen MacGregor Schmidt
Brandenburg Hildenbrand Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Emmons Knollenberg Pavlov Zorn
Green Kowall Robertson
Nays—14
Ananich Hertel Knezek Rocca
Bieda Hood O’Brien Warren
Conyers Hopgood Proos Young
Gregory Jones
Excused—1
Johnson
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.
Senate Bill No. 574, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 705 (MCL 380.705), as amended by 2016 PA 192.
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. 18 Yeas—23
Booher Hansen MacGregor Robertson
Brandenburg Hildenbrand Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Colbeck Hune Nofs Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos
Nays—14
Ananich Hertel Knezek Warren
Bieda Hood O’Brien Young
Conyers Hopgood Rocca Zorn
Gregory Jones
Excused—1
Johnson
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.
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 749
Senate Bill No. 750
House Bill No. 4735
House Bill No. 4821
House Bill No. 4822
Senate Bill No. 712
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 749, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 272a.
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. 19 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Johnson
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. 750, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 31 of chapter 2 (MCL 141.631), as amended by 1988 PA 120.
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. 20 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Johnson
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4735, entitled
A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending section 3 (MCL 388.513), as amended by 2012 PA 131.
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. 21 Yeas—30
Booher Hertel MacGregor Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hopgood Meekhof Schmidt
Colbeck Horn Nofs Schuitmaker
Conyers Hune O’Brien Shirkey
Emmons Jones Pavlov Stamas
Green Knollenberg Proos Young
Hansen Kowall
Nays—7
Ananich Gregory Knezek Zorn
Bieda Hood Warren
Excused—1
Johnson
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to establish a postsecondary enrollment options program for certain students enrolled in Michigan schools; to prescribe certain duties of public schools, certain nonpublic schools, and certain postsecondary institutions; to prescribe certain powers and duties of certain state departments, officials, and agencies; 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. 4821, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3203, 3204, and 3414 (MCL 700.3203, 700.3204, and 700.3414), sections 3204 and 3414 as amended by 2000 PA 54.
The question being on the passage of the bill,
Senator Schuitmaker offered the following substitute:
Substitute (S-2).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 22 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Johnson
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. 4822, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3705 and 3715 (MCL 700.3705 and 700.3715), as amended by 2009 PA 46.
The question being on the passage of the bill,
Senator Schuitmaker offered the following substitute:
Substitute (S-3).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 23 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Johnson
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.
Senator Schuitmaker offered to amend the title to read as follows:
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3705 and 3715 (MCL 700.3705 and 700.3715), as amended by 2009 PA 46.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
The following bill was read a third time:
Senate Bill No. 712, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 5 (MCL 15.235), as amended by 2014 PA 563.
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. 24 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Johnson
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 30
Senate Resolution No. 105
Senate Concurrent Resolution No. 20
Senate Concurrent Resolution No. 21
The motion prevailed.
Senators Warren, Ananich, Knezek, Bieda, Conyers, Hopgood and Gregory offered the following resolution:
Senate Resolution No. 121.
A resolution to recognize the 45th Anniversary of the U.S. Supreme Court issuing its ruling in Roe v. Wade.
Whereas, This legislative body recognizes the anniversary of the United States Supreme Court decision, Roe v. Wade, decided on January 22, 1973, affirming that the United States Constitution safeguards a woman’s right to make her own medical decisions, and that government should not intrude in the most private and personal family matters; and
Whereas, Women’s reproductive freedom is vital to a woman’s health, economic security, and the ability to participate equally in society; and
Whereas, Comprehensive reproductive healthcare, including safe abortion, is a vital component of a woman’s overall health; and
Whereas, Like other medical procedures, the safety of abortion is furthered by evidence-based practices developed and supported by medical professionals; and
Whereas, Any regulation of medical care should have a legitimate purpose and, if possible, be enforced in a way that increases, rather than decreases, access; and
Whereas, In the landmark decision, Whole Woman’s Health v. Hellerstedt, the Supreme Court recently reaffirmed a woman’s constitutional right to access safe, legal abortion, confirming more than 40 years of precedent; and
Whereas, One in three women will need an abortion in her lifetime, and as such, safe, legal, and accessible abortion is an essential component of comprehensive reproductive healthcare; and
Whereas, Abortion is one of the safest medical procedures performed in the United States with more than a 99 percent safety record; and
Whereas, A woman’s right to access safe, legal abortion without burdensome restrictions imposed by a state is at stake; and
Whereas, Everyone should have access to comprehensive healthcare in the state of Michigan; now, therefore, be it
Resolved by the Senate, That we denounce violence towards abortion providers and their patients; and be it further
Resolved, That we denounce efforts to undermine the Roe v. Wade Supreme Court decision by eliminating access to abortion in Michigan and throughout the country; and be it further
Resolved, That we affirm that all people have the right to access reproductive healthcare services without fear of violence, intimidation, or harassment; and be it further
Resolved, That we affirm the right to access healthcare without interference in this state, including safe and legal abortion; and be it further
Resolved, That the members of this legislative body recognize the 45th Anniversary of the U.S. Supreme Court issuing its ruling in Roe v. Wade.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senator Hertel was named co‑sponsor of the resolution.
Senator Pavlov offered the following resolution:
Senate Resolution No. 122.
A resolution recognizing January 21-27, 2018, as Michigan School Choice Week.
Whereas, All children in Michigan should have the right to the highest-quality schools possible; and
Whereas, Citizens across Michigan agree that improving the quality of education and expanding access to highly-effective schools should be issues of importance to our state’s leaders; and
Whereas, Michigan recognizes the critical role that an effective and accountable system of education plays in preparing all children to be successful in a global economy; and
Whereas, There are a multitude of high-quality public schools, public charter schools, and nonpublic schools in the state of Michigan; and
Whereas, Michigan has many outstanding teaching professionals in public, private, and charter schools across the state who are committed to educating children; and
Whereas, The vital cause of education reform is one that transcends ideology and political party affiliation; and
Whereas, Research in Michigan and across the nation conclusively demonstrate that providing parents with multiple schooling options improves academic performance; now, therefore, be it
Resolved by the Senate, That members of this legislative body recognize January 21-27, 2018, as Michigan School Choice Week; and be it further
Resolved, That a copy of this resolution be transmitted to the National School Choice Week organization with our highest esteem.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Booher, Brandenburg, Casperson, Colbeck, Conyers, Emmons, Green, Hansen, Hildenbrand, Horn, Hune, Jones, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, Nofs, O’Brien, Proos, Robertson, Schmidt, Schuitmaker and Shirkey were named co‑sponsors of the resolution.
Senate Concurrent Resolution No. 29.
A concurrent resolution providing for a joint convention of the Senate and House of Representatives.
(For text of resolution, see Senate Journal No. 5, p. 47.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Introduction and Referral of Bills
Senator Hansen introduced
Senate Bill No. 759, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280g.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Bieda, O’Brien, Hopgood, Brandenburg, Ananich, Conyers, Hood, Gregory, Hansen, Knezek, Young and Rocca introduced
Senate Bill No. 760, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811cc.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Conyers, Hopgood, Knezek, Ananich, Jones, Bieda and Gregory introduced
Senate Bill No. 761, entitled
A bill to create a commission on unsolved civil rights crimes and cold cases; to prescribe its powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senators Proos, Brandenburg, Casperson, Colbeck, Kowall, Emmons, Knollenberg, Jones and Nofs introduced
Senate Bill No. 762, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 465 (MCL 750.465).
The bill was read a first and second time by title and referred to the Committee on Commerce.
House Bill No. 4430, entitled
A bill to prohibit this state and certain other governmental agents, employees, and entities in this state from assisting a federal agency in obtaining certain forms of data without a warrant; and to prohibit certain uses of certain data collected without a warrant.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 5001, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50507, 50703, 50706, and 51101 (MCL 324.50507, 324.50703, 324.50706, and 324.51101), section 50507 as amended by 2016 PA 248, sections 50703 and 50706 as added by 1995 PA 57, and section 51101 as amended by 2006 PA 383, and by adding part 535; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
House Bill No. 5002, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2016 PA 261.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
House Bill No. 5198, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51501 and 51514 (MCL 324.51501 and 324.51514), section 51501 as amended by 2017 PA 60 and section 51514 as added by 1995 PA 57.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
House Bill No. 5284, entitled
A bill to authorize the department of technology, management, and budget to convey state-owned property in Saginaw County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyance.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of all Senators admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess until 6:00 p.m.
The motion prevailed, the time being 11:39 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 6:01 p.m.
6:13 p.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
Joint Convention
The Sergeant at Arms announced a committee from the House of Representatives, Representatives Tedder, Cox, Cambensy and Green, who, through their chairperson, reported that the House was ready to meet with the Senate in Joint Convention.
The President, Lieutenant Governor Calley, announced that the hour had arrived for the meeting of the two houses in Joint Convention.
Senator Kowall moved that the Senate recess for the purpose of proceeding to the Hall of the House of Representatives for the Joint Convention.
The motion prevailed, the time being 6:15 p.m.
(For proceedings in Joint Convention, see House Journal No. 6, p. 72.)
The Senate reconvened at the expiration of the recess at 8:07 p.m. and pursuant to rule 1.101, in the absence of the Presiding Officers, was called to order by the Secretary of the Senate.
The Secretary of the Senate announced that the Senate had attended the Joint Convention in the Hall of the House of Representatives and had received the State of the State message by Governor Snyder.
Announcements of Printing and Enrollment
The Secretary announced that the following House bill was received in the Senate and filed on Thursday, January 18:
House Bill No. 5198
The Secretary announced that Enrolled Senate Bill No. 95 was presented to the Secretary of State at 11:48 a.m. on January 18 and was assigned Public Act No. 1 of 2018.
The Secretary announced that Enrolled Senate Bill No. 94 was presented to the Secretary of State at 11:50 a.m. on January 18 and was assigned Public Act No. 2 of 2018.
The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, January 18, and are available at the Michigan Legislature website:
Senate Bill Nos. 753 754 755 756 757 758
House Bill Nos. 5429 5430 5431 5432 5433 5434 5435 5436
House Joint Resolution CC
Committee Reports
The Committee on Economic Development and International Investment reported
Senate Bill No. 684, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278b (MCL 380.1278b), as amended by 2014 PA 209.
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.
Kenneth B. Horn
Chairperson
To Report Out:
Yeas: Senators Horn, Schmidt, Brandenburg, Emmons and MacGregor
Nays: Senators Warren, Conyers and Bieda
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development and International Investment reported
Senate Bill No. 685, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1277 (MCL 380.1277), as amended by 2016 PA 532.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Kenneth B. Horn
Chairperson
To Report Out:
Yeas: Senators Horn, Schmidt, Brandenburg, Emmons and MacGregor
Nays: Senators Warren, Conyers and Bieda
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development and International Investment submitted the following:
Meeting held on Thursday, January 18, 2018, at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Horn (C), Schmidt, Brandenburg, Emmons, MacGregor, Warren, Conyers and Bieda
Excused: Senator Stamas
The Committee on Veterans, Military Affairs and Homeland Security reported
Senate Bill No. 642, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.
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.
Margaret E. O’Brien
Chairperson
To Report Out:
Yeas: Senators O’Brien, Zorn, Horn and Knezek
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 Veterans, Military Affairs and Homeland Security submitted the following:
Meeting held on Thursday, January 18, 2018, at 2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators O’Brien (C), Zorn, Horn and Knezek
Excused: Senator Emmons
COMMITTEE ATTENDANCE REPORT
The Senate Fiscal Agency Board of Governors submitted the following:
Meeting held on Thursday, January 18, 2018, at 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hildenbrand (C), MacGregor, Ananich and Gregory
Excused: Senator Meekhof
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Joint meeting held on Thursday, January 18, 2018, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Casperson (C), Horn, Pavlov, Marleau and Conyers
Scheduled Meetings
Appropriations - Wednesday, January 24, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-5307)
Subcommittee -
State Police and Military Affairs - Tuesday, January 30, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Education -
Subcommittee -
Michigan Merit Curriculum - Wednesday, January 24, 3:00 p.m., Room 1100, Binsfeld Office Building (373-5312)
Michigan Competitiveness and House Michigan Competitiveness - Wednesday, January 24, 11:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-5323)
Natural Resources - Wednesday, January 24, 12:30 p.m., Room 1300, Binsfeld Office Building (373-5312)
Outdoor Recreation and Tourism - Wednesday, January 24, 12:30 p.m., Room 1200, Binsfeld Office Building (373-1721)
Oversight - Thursday, January 25, 9:00 a.m., Room 1200, Binsfeld Office Building (373-5314)
Regulatory Reform - Wednesday, January 24, 1:00 p.m., Room 1100, Binsfeld Office Building (373-5323)
Transportation - Thursday, January 25, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 8:08 p.m.
The Secretary of the Senate declared the Senate adjourned until Wednesday, January 24, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
60 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 61
62 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 63
64 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 65
66 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 67
68 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 69
70 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 71
72 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 73
74 JOURNAL OF THE SENATE [January 23, 2018] [No. 6
No. 6] [January 23, 2018] JOURNAL OF THE SENATE 75
76