No. 19

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Wednesday, February 21, 2018.

10:00 a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Ananich—present Hood—excused O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—excused

Reverend Dr. Edwin Holmes of Renaissance Baptist Church of Detroit offered the following invocation:

O Lord, our Lord, how excellent is Your name in all the earth.

“Hast thou not known? Hast thou not heard, that the everlasting God, the Lord, the Creator of the ends of the earth, fainteth not, neither is weary? There is no searching of his understanding.”

We are praying that Your Holy Spirit will be present in this session. Our nation is in a state of paralysis because evil has raised its ugly head in the senseless shootings across the land. It leaves in its wake death, pain, anger, and confusion. Justice makes its demand upon all of us, holding us accountable for all of these ends. Impart wisdom in the White House, understanding in the Capitol, and peace in our house. Touch every leader here in Lansing to be sensitive to the cry of better gun control legislation; the cry for a stronger educational system; the cry for health care, especially for those who are differently-abled; and the scream for clean water, sewage, and drainage reduction. Massage our hearts. Let us feel what those feel who have suffered the sting of impoverishment. Forgive us, Lord. Order our steps as we continue to let justice roll down like water and righteousness like a mighty stream to touch all of humanity.

Hear our prayer, O Lord. Amen.

The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Robertson, Casperson, Booher and Green entered the Senate Chamber.

Senator Bieda moved that Senators Hopgood and Young be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Kowall moved that Senators Brandenburg, Knollenberg and Shirkey be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senators Knollenberg and Shirkey 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 Assistant President pro tempore, Senator O’Brien, designated Senator Hertel as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 489, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2014 PA 65.

Substitute (S-2).

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 490, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 2 (MCL 722.952), as amended by 2016 PA 190.

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 797, entitled

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 798, entitled

A bill to establish the safe families for children program; to prescribe the powers and duties of certain state departments and public and private agencies; to allow for temporary delegation of a parent’s or guardian’s powers regarding care, custody, or property of a minor child; and to prescribe procedures for providing host families for the temporary care of children.

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.

During the Committee of the Whole, Senator Hopgood entered the Senate Chamber.

Resolutions

Senator Brandenburg entered the Senate Chamber.

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.

Senator Bieda offered the following resolution:

Senate Resolution No. 131.

A resolution to urge the Governor to issue an executive order requiring internet service providers with state contracts to abide by net neutrality principles.

Whereas, Broadband internet is a critically important communications method Americans use to connect with one another. Businesses, consumers, entrepreneurs, and visionaries use the internet for a variety of purposes, making it indispensable in today’s economy; and

Whereas, In 2015, the Federal Communications Commission (FCC) passed rules to protect net neutrality and equal access to content and services available on the internet. The rules reclassified internet service as a telecommunications service, essentially designating broadband as a public utility, granting the FCC greater oversight over the industry. As a result of the rules, service providers could not change the speed at which users could access information on the internet or create fast lanes or slow lanes of content. An open internet promotes competition, benefiting entrepreneurs and small businesses, and keeps the United States at the forefront of technological, business, and social innovation on the internet; and

Whereas, In December 2017, the FCC reversed its net neutrality regulations, significantly reducing regulation of cable and telecommunications companies. The reversal will allow broadband providers to charge different rates to guarantee higher priority and faster data transmission; and

Whereas, Internet service providers with government contracts should be prohibited from blocking or throttling web content or creating internet fast lanes and instead provide open access and fair use of the internet for all users; now, therefore, be it

Resolved by the Senate, That we urge the Governor to issue an executive order requiring internet service providers with state contracts to abide by net neutrality principles; and be it further

Resolved, That copies of this resolution be transmitted to the Governor.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senators Gregory and Hertel were named co‑sponsors of the resolution.

Senator Ananich offered the following resolution:

Senate Resolution No. 132.

A resolution to support the designation of the Flint River Water Trail and the Shiawassee River Water Trail as national water trails by the National Park Service.

Whereas, Michigan has over 4,700 miles of water trails, traversing remote, natural, industrial, and urban environments. These water trails meander through the heart of both the Lower and Upper Peninsulas and along Michigan’s Great Lakes coastline; and

Whereas, The National Water Trails System brings together into one cohesive, first-class network, water trails across the nation. The system provides the public with access to outdoor recreation along shorelines and on waterways to explore and enjoy. Further, the system protects and restores America’s rivers and shorelines and conserves natural areas along waterways. The U.S. Secretary of the Interior may designate exemplary trails of local and regional significance as national water trails; and

Whereas, The Flint River Watershed Coalition and the Shiawassee River Water Trail Coalition applied for national water trail designation in spring 2017 for the Flint River Water Trail and the Shiawassee River Water Trail, respectively; and

Whereas, The Flint River is a principal tributary of the Shiawassee River which flows into the Saginaw River and Saginaw Bay of Lake Huron. The river is home to bald eagles, ospreys, frogs, turtles, muskrats, and a wide variety of fish. Used as a main method of transportation for Native Americans and early European settlers and later supporting the city of Flint as a major hub for fur-trading, lumber milling, and agriculture, the river has a rich cultural history; and

Whereas, The Flint River Water Trail encompasses 73 miles through natural environments, small towns, and urban areas. Twenty-four access sites have been established to provide paddlers with a variety of distances and experiences on the water. The water trail travels through two counties and is accessible to 500,000 residents in Genesee and Lapeer counties and hundreds of thousands more within an hour’s drive; and

Whereas, The Shiawassee River Water Trail begins in Holly, Michigan, and continues 88 miles to Chesaning. Multiple access sites are currently available and the water trail coalition is working to create several more sites. The river supports many species of fish, rare plants, and animals, and traverses through several communities, parks, playground areas, and historic sites; and

Whereas, Designation as a national water trail will provide numerous benefits to the communities located along the rivers. A national water trail designation can be used to promote recreation and tourism, enhancing economic benefits for communities. The program also opens opportunities to access technical assistance and funding for planning and implementing water trail projects and improving existing river water trails; now, therefore, be it

Resolved by the Senate, That we support the designation of the Flint River Water Trail and the Shiawassee River Water Trail as national water trails by the National Park Service; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation; the program leader of the National Trails System, National Park Service; and the program manager of the Rivers, Trails, and Conservation Assistance Program, National Park Service, Midwest Region.

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 Outdoor Recreation and Tourism.

The motion prevailed.

Senators Bieda, Gregory, Hansen, Hertel and Proos were named co‑sponsors of the resolution.

Senators Hansen, Proos, Marleau, Zorn, Horn, Casperson, Bieda, Emmons, Green, Knollenberg, MacGregor and Hildenbrand offered the following resolution:

Senate Resolution No. 133.

A resolution commemorating February 2018 as the County Road Association’s 100th Anniversary.

Whereas, Over the course of the last century, the people of the state of Michigan have greatly benefited from the County Road Association’s (CRA) role as a credible, unified, and effective voice for a safe and efficient county transportation infrastructure system, including appropriate stewardship of the public’s right-of-way; and

Whereas, The County Road Association was founded on February 28, 1918, in Ann Arbor; and

Whereas, CRA’s county road agency members have shown steady progress over the last century including adapting innovative technologies and efficient operations, improving the safety of roads for Michigan residents, and collaborating with townships, municipalities, and other infrastructure stakeholders as regional governmental partners for the improvement of Michigan’s county road system; and

Whereas, The County Road Association fosters relationships between its members, the Legislature, other local government associations, as well as various Michigan infrastructure and transportation organizations; and

Whereas, CRA also provides educational trainings to ensure that county road agencies are always on the cutting-edge; and

Whereas, Since its inception, CRA has never faltered in helping Michigan’s county road agencies provide residents with a safe local road and bridge network; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate February 2018 as the County Road Association’s 100th Anniversary, and praise the contributions it has made to the state of Michigan; and be it further

Resolved, That our best wishes are offered for continued success in the future and that a copy of this resolution be transmitted to Steven A. Warren, President, County Road Association, as evidence of our high 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 Brandenburg, Gregory, Hertel, Jones, Kowall and Schmidt were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senator Casperson introduced

Senate Bill No. 836, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2017 PA 80.

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

Senator Casperson introduced

Senate Bill No. 837, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320d (MCL 257.320d), as amended by 2012 PA 498.

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

Senator Brandenburg introduced

Senate Bill No. 838, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2015 PA 46.

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

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. 400

The motion prevailed.

Senate Bill No. 419, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2, 18, 19, 19a, and 19b of chapter XIIA (MCL 712A.2, 712A.18, 712A.19, 712A.19a, and 712A.19b), section 2 as amended by 2014 PA 519, section 18 as amended by 2016 PA 191, section 19 as amended by 2008 PA 202, section 19a as amended by 2016 PA 497, and section 19b as amended by 2012 PA 386.

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 amended the title to read as follows:

A bill to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 2, 18, 19, 19a, and 19b of chapter XIIA (MCL 712A.2, 712A.18, 712A.19, 712A.19a, and 712A.19b), section 2 as amended by 2014 PA 519, section 18 as amended by 2016 PA 191, section 19 as amended by 2008 PA 202, section 19a as amended by 2016 PA 497, and section 19b as amended by 2017 PA 193.

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. 97 Yeas—34

Ananich Gregory Knezek Proos

Bieda Hansen Knollenberg Robertson

Booher Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Zorn

Green Jones

Nays—0

Excused—3

Hood Nofs Young

Not Voting—1

Shirkey

In The Chair: O’Brien

The President, Lieutenant Governor Calley, assumed the Chair.

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 title as amended.

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

Senate Bill No. 420, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2 and 18 (MCL 722.622 and 722.638), section 2 as amended by 2016 PA 491 and section 18 as amended by 2010 PA 12.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), 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. 98 Yeas—35

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Zorn

Green Jones Proos

Nays—0

Excused—3

Hood Nofs Young

Not Voting—0

In The Chair: President

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. 421, entitled

A bill to amend 1982 PA 250, entitled “Child abuse and neglect prevention act,” by amending section 2 (MCL 722.602).

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), 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. 99 Yeas—35

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Zorn

Green Jones Proos

Nays—0

Excused—3

Hood Nofs Young

Not Voting—0

In The Chair: President

The Assistant President pro tempore, Senator O’Brien, resumed the Chair.

Senator Young entered the Senate Chamber.

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.

The House of Representatives has returned, in accordance with the request of the Senate:

House Bill No. 4536, entitled

A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding section 26a to chapter IV.

The bill was placed on the order of Third Reading of Bills.

The House of Representatives has returned, in accordance with the request of the Senate:

House Bill No. 4537, entitled

A bill to amend 1974 PA 163, entitled “An act to provide for the creation of a criminal justice information systems policy council; to provide for the establishment of policy and promulgation of rules governing access, use, and disclosure of information in criminal justice information systems; to provide for the reimbursement of expenses of council members; and to provide for penalties,” by amending section 4 (MCL 28.214), as amended by 2011 PA 199.

The bill was placed on the order of Third Reading of Bills.

The House of Representatives has returned, in accordance with the request of the Senate:

House Bill No. 4538, entitled

A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 3 (MCL 28.243), as amended by 2012 PA 374.

The bill was placed on the order of Third Reading of Bills.

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. 4536

House Bill No. 4537

House Bill No. 4538

The motion prevailed.

The following bill was announced:

House Bill No. 4536, entitled

Senator Kowall moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

Senator Jones offered the following amendment:

1. Amend page 2, line 25, by striking out all of subdivision (c).

The amendment 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. 100 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

The following bill was announced:

House Bill No. 4537, entitled

Senator Kowall moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

Senator Jones offered the following amendment:

1. Amend page 4, line 15, by striking out all of subdivision (c).

The amendment 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. 101 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

The following bill was announced:

House Bill No. 4538, entitled

Senator Kowall moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

Senator Jones offered the following amendment:

1. Amend page 9, line 14, by striking out all of subdivision (c).

The amendment 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. 102 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

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

House Bill No. 4191

House Bill No. 5039

Senate Bill No. 671

Senate Bill No. 647

The motion prevailed.

The following bill was read a third time:

House Bill No. 4191, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 12a.

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. 103 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5039, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 30 (MCL 207.1030), as amended by 2008 PA 26.

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. 104 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

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 prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 671, entitled

A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending sections 1, 2, 3, and 5 (MCL 565.101, 565.102, 565.103, and 565.105), sections 1, 2, and 3 as amended by 1997 PA 154; and to repeal acts and parts of acts.

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. 105 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 647, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 527a (MCL 206.527a), as amended by 2014 PA 523.

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. 106 Yeas—36

Ananich Gregory Knezek Robertson

Bieda Hansen Knollenberg Rocca

Booher Hertel Kowall Schmidt

Brandenburg Hildenbrand MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune O’Brien Warren

Emmons Johnson Pavlov Young

Green Jones Proos Zorn

Nays—0

Excused—2

Hood Nofs

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Young’s statement is as follows:

Madam President, I rise to today to stand with the brave students of Marjory Stoneman Douglas High School in Parkland, Florida. Just one week ago, on February 14—Valentine’s Day—17 people were murdered in the classrooms and hallways of their school. In the past week, news reports have told story after story of the courageous children and adults who sacrificed their lives to save their students and fellow classmates.

We’ve heard about the fearless football coach, Aaron Feis, who jumped in front of a barrage of bullets to give students just a split second longer to run to safety, losing his life in the process. We’ve heard about Peter Wand, the 15-year-old Junior ROTC cadet, who died in uniform while holding a door to help students and staff quickly escape the school building. We also heard about 15 others who lost their lives in this senseless, vicious attack on children in a school, a place that should be a safe haven for learning.

Before I read the 15 names of the victims, Madam President, we live in a time where we are putting our ideologies and politics over children’s lives. What is the purpose of being in government, of being in a position of power, if we do not help the powerless? What is the point of being elected if we cannot protect our children, the most valuable resource that we have—our babies? If we can’t keep them safe when they go to school, if we can’t keep them from being murdered, how many young children’s souls have to be expended? How many tears have to be shed? How much blood has to be spilt? How many lives have to be lost until we get the point that we must do something? We are not elected just to hold seats. We are elected to serve the people and protect them. If we’re not going to do that, why are we here? This is not about pro-gun or anti-gun or left or right or Democrat or Republican. This is about protecting the lives of our children. All of our children deserve to be safe, and we cannot continue to let this happen.

Alyssa, age 14; Scott, age 35; Martin, age 14; Nicholas, age 17; Jaime, age 14; Chris, age 49; Luke, age 15; Cara, age 14; Gina, age 14; Joaquin, age 17; Alaina, age 14; Meadow, age 18; Helena, age 17; Alec, age 14; Carmen, age 16. These students were looking forward to completing the semester, many with flying colors. These were sons and daughters who were excited to take driver’s training and get their driver’s licenses. These were kids with dreams and ambitions, with hopes and desires, and everything they were going to touch, everything they were going to be, and everyone else they had impact on was snuffed out. Dreams to become doctors, lawyers, military servicemen, teachers, business leaders, and lawmakers, but those dreams were crushed by a hail of gunfire.

Now as a Senate legislative body, what are we going to do about it? Because it’s only time before it happens in this state. The survivors of the shooting have shown more bravery and leadership than anyone in our highest elected offices. This is not OK. Do not allow Christine’s classmates deaths be in vain.

A moment of silence was observed in memory of the Marjory Stoneman Douglas High School shooting victims.

Announcements of Printing and Enrollment

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, February 20, for his approval the following bills:

Enrolled Senate Bill No. 613 at 3:21 p.m.

Enrolled Senate Bill No. 625 at 3:25 p.m.

Enrolled Senate Bill No. 748 at 3:29 p.m.

Enrolled Senate Bill No. 750 at 3:31 p.m.

The Secretary announced that the following bills were printed and filed on Tuesday, February 20, and are available at the Michigan Legislature website:

Senate Bill Nos. 830 831 832 833 834 835

House Bill Nos. 5592 5593 5594 5595 5596 5597 5598 5599 5600 5601 5602 5603 5604 5605

5606 5607 5608 5609 5610 5611 5612 5613 5614 5615 5616 5617

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Environmental Quality submitted the following:

Meeting held on Tuesday, February 20, 2018, at 1:00 p.m., Room 405 Capitol Building

Present: Senators Green (C) and Hopgood

Excused: Senator MacGregor

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Health and Human Services submitted the following:

Meeting held on Tuesday, February 20, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators MacGregor (C), Marleau, Proos, Shirkey, Gregory and Hertel

Excused: Senator Nofs

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Natural Resources submitted the following:

Meeting held on Tuesday, February 20, 2018, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Green (C) and Hopgood

Excused: Senator Booher

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture and Rural Development submitted the following:

Meeting held on Tuesday, February 20, 2018, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Green (C), Stamas and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, February 21, 2018, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hansen (C), Pavlov and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Wednesday, February 21, 2018, at 9:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Booher (C), Schuitmaker and Knezek

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesdays, February 27, March 13, and March 20, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

General Government - Thursdays, February 22, March 1, March 8, March 15, and March 22, 8:30 a.m., Room 1300, Binsfeld Office Building (373-2768)

Higher Education - Thursday, February 22, 3:00 p.m., Room 1100, Binsfeld Office Building; Thursday, March 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, March 15, 1:45 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Judiciary - Tuesday, February 27, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

K-12, School Aid, Education - Wednesdays, February 28, and March 21, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Wednesday, March 7, 8:00 a.m., Room 1300, Binsfeld Office Building; and Wednesday, March 14, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, March 1, 8:00 a.m., Room 521, House Office Building (373-2768)

State Police and Military Affairs - Tuesdays, March 6, March 13, March 20; and Wednesday, March 14, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

State Police and Military Affairs and House State Police Appropriations Subcommittee - Tuesday, February 27, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Thursday, February 22, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Economic Development and International Investment - Thursday, February 22, 1:30 p.m., Room 1200, Binsfeld Office Building (373-5323)

Elections and Government Reform - Thursday, February 22, 9:00 a.m., Room 1100, Binsfeld Office Building (373-5323)

Finance - Tuesday, February 27, 2:30 p.m., Room 1300, Binsfeld Office Building (373-5312)

Judiciary - Tuesday, February 27, 3:00 p.m., Room 1100, Binsfeld Office Building (373-5323)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 10:57 a.m.

The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, February 22, 2018, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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