No. 30

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Tuesday, March 20, 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 Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Conyers—present Knollenberg—present Schuitmaker—present

Emmons—present Kowall—present Shirkey—present

Green—present MacGregor—present Stamas—present

Gregory—present Marleau—present Warren—present

Hansen—present Meekhof—present Young—present

Hertel—present Nofs—present Zorn—present

Hildenbrand—present

Reverend B. Michael Hefner of Highland Church of the Nazarene of Highland offered the following invocation:

Dear heavenly Father, thank You for the freedom we have to live in this country and participate in a representative republic. For this group of Senators, I ask first that their differences would not divide them, that they would have a spirit of good will that unites them in service to the people who they represent. I also ask that You grant them wisdom and discernment, that they may see solutions to the difficulties that often loom so large. I pray that You would grant them courage to bring their experience and insight to the floor for discussion. I pray that You would protect them from taking disagreement personally.

I simply pray that this day, and the days that follow, all of us will stand in support of that which brings us together in this room, and that those who come behind us will find us faithful.

Thank You, Father. Amen.

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

Motions and Communications

Senators Nofs and Schmidt entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

March 9, 2018

Enclosed is a copy of the following report:

• Follow-up report of the Bureau of Fire Services and State Fire Marshal, Department of Licensing and Regulatory Affairs (641-0434-13F).

Sincerely,

Doug Ringler

Auditor General

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

The following communication was received:

Office of Senator Curtis Hertel Jr.

March 14, 2018

I am writing to request my addition in co‑sponsorship of Senate Bill 823, sponsored by Senator O’Brien.

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 message from the Governor was received:

Date: March 19, 2018

Time: 11:53 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 596 (Public Act No. 69), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 72103, 72105, and 72106 (MCL 324.72103, 324.72105, and 324.72106), section 72103 as amended by 2014 PA 210, section 72105 as amended by 2017 PA 138, and section 72106 as amended by 2014 PA 212, and by adding section 72103a.

(Filed with the Secretary of State on March 19, 2018, at 1:08 p.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on March 19, 2018, and read:

EXECUTIVE ORDER

No. 2018-3

Michigan Statistical Analysis Center

WHEREAS, to promote safe communities and support an effective criminal justice system, there is a continued need for the evaluation and dissemination of criminal justice data; and

WHEREAS, certain grant funding made available to the State of Michigan by the United States Department of Justice is dependent on the authorization of a statistical analysis center within the state by executive order;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, do hereby create the Michigan Statistical Analysis Center and designate the Michigan State University School of Criminal Justice to operate the center and carry out the following responsibilities:

1. Collect, analyze and interpret state and local data on criminal and juvenile justice;

2. Produce statistical reports on crime, delinquency, and the criminal and juvenile justice systems;

3. Provide information and statistics about crime and delinquency and criminal and juvenile justice policy to state and local agencies;

4. Provide state and local government with access to federal resources in criminal and juvenile justice data and documents;

5. Serve as an information center and repository for criminal and juvenile justice data and documents; and

6. Provide and coordinate the sharing of data with the Federal Bureau of Justice Statistics and other federal and state agencies.

This Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 19th day of March, in the Year of our Lord Two Thousand Eighteen.

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:

February 16, 2018

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

Advisory Council on Deaf, Deafblind and Hard of Hearing

Elizabeth Gilmore Bystrycki of 1191 108th Avenue, Otsego, Michigan 49078, county of Allegan, representing deaf or hard of hearing persons, succeeding herself, is reappointed for a term expiring January 18, 2021.

Jill Anne Gaus of 3123 Catalpa Drive, Jackson, Michigan 49203, county of Jackson, representing deaf or hard of hearing persons, succeeding herself, is reappointed for a term expiring January 18, 2021.

Katlyn Marie Maviglia of 509 Franklin Street, Dundee, Michigan 48131, county of Monroe, representing deaf or hard of hearing persons, succeeding herself, is reappointed for a term expiring January 18, 2021.

February 16, 2018

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

Local Community Stabilization Authority Council

Steven G. Ezikian of 4640 Sweet Road, Howell, Michigan 48843, county of Livingston, succeeding Megan Crandall, is appointed for a term expiring September 3, 2023.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

Recess

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

The motion prevailed, the time being 10:06 a.m.

11:43 a.m.

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

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 Hansen 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:

House Bill No. 5258, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.

House Bill No. 5097, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as amended by 2016 PA 456.

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. 5257, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 409b.

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 bills be postponed for today:

Senate Bill No. 35

Senate Bill No. 551

The motion prevailed.

Senate Bill No. 662, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 532 (MCL 436.1532), as added by 2001 PA 223.

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.

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. 5220

Senate Bill No. 815

House Bill No. 4922

The motion prevailed.

The following bill was read a third time:

House Bill No. 5220, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224d (MCL 750.224d), as amended by 2010 PA 365.

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. 168 Yeas—36

Ananich Gregory Knollenberg Robertson

Bieda Hansen Kowall Rocca

Booher Hertel MacGregor Schmidt

Brandenburg Hildenbrand Marleau Schuitmaker

Casperson Hood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Conyers Hune O’Brien Warren

Emmons Jones Pavlov Young

Green Knezek Proos Zorn

Nays—0

Excused—0

Not Voting—1

Hopgood

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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 815, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2017 PA 238.

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. 169 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—0

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. 4922, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2016 PA 369.

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. 170 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—0

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 registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that the Committee on Government Operations be discharged from further consideration of the following bill:

Senate Bill No. 902, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1114 (MCL 436.2114), as amended by 2011 PA 27, and by adding section 1116.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Kowall moved that the bill be referred to the Committee on Regulatory Reform.

The motion prevailed.

Senator Kowall moved that the Committee on Agriculture be discharged from further consideration of the following bills:

House Bill No. 4667, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 303 (MCL 436.1303).

House Bill No. 4668, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 221 and 543 (MCL 436.1221 and 436.1543), section 543 as amended by 2016 PA 434, and by adding section 303a.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Kowall moved that the bills be referred to the Committee on Regulatory Reform.

The motion prevailed.

Senator Kowall moved that the Committee on Local Government be discharged from further consideration of the following bill:

Senate Bill No. 744, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 206 (MCL 125.3206), as amended by 2007 PA 219.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Kowall moved that the bill be referred to the Committee on Health Policy.

The motion prevailed.

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.

House Concurrent Resolution No. 19.

A concurrent resolution to memorialize the Congress of the United States to award the posthumous Medal of Honor to Lieutenant-Colonel Albert M. Edwards for his actions during the Civil War.

Whereas, A resident of Detroit at the time of the Civil War, Albert M. Edwards left college in his second year to enlist as a sergeant in the 24th Michigan Infantry Regiment. During his service, he was promoted to captain of Company F where he was instrumental in raising the new regiment, organizing his company in only two days; and

Whereas, Captain Edwards took command of the regiment in the Battle of Gettysburg on July 1, 1863. As other leaders were wounded or killed, Captain Edwards behaved gallantly to rally the men while under fire. The regiment suffered horrible casualties, more than any of the 400 Union regiments that fought in the three-day battle. The 24th Michigan Infantry was instrumental in providing the Army of the Potomac time to establish a solid defensive position that the Confederate Army would not be able to break; and

Whereas, Captain Edwards commanded the regiment multiple times during his service and participated in every battle and march of the regiment. Although never wounded in action, he was captured in battle but returned to his regiment in a prisoner exchange. He was promoted to major and lieutenant-colonel during the war. When the regiment returned to Detroit in June of 1865, Colonel Edwards was in command; and

Whereas, While fighting in the Battle of the Wilderness in May 1864, Major Edwards captured a Confederate flag. The capture was recorded by the regiment historian and confirmed by an assistant adjutant general, and the flag found its way to the archives of the War Department in Washington. Capturing a Confederate battle flag was a common criterion for awarding the medal of honor to a soldier; and

Whereas, Colonel Edwards was given the honorary promotion of “Brevet Colonel,” often used in recognition of gallant conduct or other meritorious service. Colonel Edwards also received wide acknowledgement at Civil War reunions, as reported in newspapers; and

Whereas, Colonel Albert M. Edwards has never received official recognition for his acts of patriotism and honor; now therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to award the posthumous Medal of Honor to Lieutenant-Colonel Albert M. Edwards for his actions during the Civil War; 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.

The House of Representatives has adopted the concurrent resolution.

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 Veterans, Military Affairs and Homeland Security.

The motion prevailed.

Senators Booher, Brandenburg, Colbeck, Green, Hansen, Hood, Hune, Pavlov, Proos, Robertson and Rocca were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senators Hertel, Gregory and Knezek introduced

Senate Joint Resolution Q, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to recognize the best interests of the child in determining the termination of parental rights in cases of child abuse or child neglect, child custody cases, and out-of-home child placements.

The joint resolution was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Hertel, Gregory and Knezek introduced

Senate Bill No. 911, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 24, 41, and 51 of chapter X (MCL 710.24, 710.41, and 710.51), section 24 as amended by 2016 PA 191, section 41 as amended by 1994 PA 222, and section 51 as amended by 2016 PA 143.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

House Bill No. 5180, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40103, and 40114 (MCL 324.40102, 324.40103, and 324.40114), section 40102 as amended by 2015 PA 24, section 40103 as amended by 2016 PA 382, and section 40114 as amended by 2016 PA 356, and by adding section 40111d.