No. 50

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Thursday, May 17, 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—present O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—excused 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

Pastor Kit Carlson of All Saints Episcopal Church of East Lansing offered the following invocation:

Gracious and most holy God, we come before You today to ask Your blessing and guidance upon these State Senators—elected representatives of the people of the state of Michigan. From the farthest corner of the Upper Peninsula to the streets of Detroit, they have come to take counsel and to conduct the business of this great state. We ask You to give them wise and discerning hearts, the patience and forbearance to listen honestly to one another and to work together despite their differences, the courage to make difficult decisions, and the ever-present awareness that they represent more than just their own convictions and ideologies; that they represent varied constituencies with varied needs and varied challenges.

You are the source of all our being, all our hopes, all our striving, all our imaginings, and all our determination, and we ask You to be the source of all the work done here today, all the deliberations taken here today, and all the decisions made here today.

Most of all, most gracious God, let these, Your Senators, be the voice for all the people of Michigan, but especially those who have no voice—the very young, the very old, the ill, the unemployed, the homeless, and the hungry. You, who told Your people to care for the widow and the orphan and the stranger in the land, direct us this day to care the most for those who can least care for themselves.

In all things this State Senate does today, O gracious God, may these Senators honor You with the words they speak and the works they perform. 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 Nofs, Robertson and Hildenbrand entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senators Casperson and Pavlov entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received:

Date: May 15, 2018

Time: 1:58 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 297 (Public Act No. 151), being

An act to amend 2016 PA 407, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts,” by amending sections 201, 701, 713, and 731 (MCL 339.5201, 339.5701, 339.5713, and 339.5731).

(Filed with the Secretary of State on May 16, 2018, at 10:14 a.m.)

Date: May 15, 2018

Time: 2:00 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 815 (Public Act No. 152), being

An act to amend 1949 PA 300, entitled “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,” by amending section 801 (MCL 257.801), as amended by 2017 PA 238.

(Filed with the Secretary of State on May 16, 2018, at 10:16 a.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received and read:

May 14, 2018

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

Governor’s Task Force on Child Abuse and Neglect

Lisa Maree Niergarth of 1299 E. Narlock Road, Cedar, Michigan 49621, county of Leelanau, representing a court-appointed special advocate, is appointed for a term expiring December 31, 2019.

Sincerely,

Rick Snyder

Governor

The appointment 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 Assistant President pro tempore, Senator O’Brien, designated Senator Hildenbrand 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 without amendment, the following bill:

House Bill No. 5509, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 123 (MCL 450.2123), as amended by 2014 PA 557.

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

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

Senate Bill No. 465, entitled

A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending sections 104, 106, 108, 108a, 109, 112, and 119 (MCL 570.1104, 570.1106, 570.1108, 570.1108a, 570.1109, 570.1112, and 570.1119), sections 104 and 106 as amended by 2010 PA 147 and sections 108, 109, and 119 as amended and section 108a as added by 1982 PA 17, and by adding sections 107a and 107b; and to repeal acts and parts of acts.

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:

House Bill No. 5508, entitled

A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 19.

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:

House Bill No. 4574, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675 (MCL 257.675), as amended by 2013 PA 247.

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.

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

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. 848

Senate Bill No. 851

Senate Bill No. 853

Senate Bill No. 854

Senate Bill No. 856

Senate Bill No. 857

Senate Bill No. 859

Senate Bill No. 862

Senate Bill No. 863

The motion prevailed.

Senate Bill No. 551, entitled

A bill 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 1902, 1903, and 1907 (MCL 324.1902, 324.1903, and 324.1907), sections 1902 and 1907 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117.

The House of Representatives has concurred in the Senate amendments to the House substitute (H-1).

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

Senate Bill No. 883, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2018; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The House of Representatives has passed the bill and ordered that the bill be given immediate effect.

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

Senator Ananich entered the Senate Chamber.

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. 826

Senate Bill No. 969

Senate Bill No. 927

House Bill No. 5620

House Bill No. 5621

House Bill No. 5782

Senate Bill No. 992

Senate Bill No. 993

Senate Bill No. 994

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 826, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16265 and 17708 (MCL 333.16265 and 333.17708), section 17708 as amended by 2016 PA 499, and by adding section 16348a and part 186.

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. 305 Yeas—24

Bieda Horn Marleau Robertson

Conyers Jones Meekhof Rocca

Green Knezek Nofs Schmidt

Gregory Knollenberg O’Brien Stamas

Hildenbrand Kowall Pavlov Warren

Hood MacGregor Proos Zorn

Nays—11

Ananich Colbeck Hertel Schuitmaker

Brandenburg Emmons Hopgood Shirkey

Casperson Hansen Hune

Excused—2

Booher Young

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. 969, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914b.

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. 306 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Zorn

Gregory Knezek Proos

Nays—0

Excused—2

Booher Young

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. 927, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.

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. 307 Yeas—35

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Zorn

Gregory Knezek Proos

Nays—0

Excused—2

Booher Young

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

Senator Young entered the Senate Chamber.

The following bill was read a third time:

House Bill No. 5620, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2015 PA 251.

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. 308 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Booher

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.

The President pro tempore, Senator Schuitmaker, assumed the Chair.

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

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5621, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2015 PA 252.

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. 309 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Booher

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 levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5782, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 17a.

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. 310 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Booher

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 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:

Senate Bill No. 992, entitled

A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2016 PA 50, and by adding section 1a; 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. 311 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Booher

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Horn’s statement is as follows:

First of all, I’d like to thank all of our staff who worked so hard on this package of bills, and particularly Tom Davis who put in countless hours on this important bill package. I’d like to thank our colleagues for all of their information, input, and knowledge through the course of our little informal workgroups, and I’d like to thank all of the stakeholders, and, most importantly, our very important job providers for all the work that they put into this as well.

This has been three years in the making, Madam President, and I’m proud of the work that we’ve done together. We’ve done many great things to make Michigan business-friendly, but there’s always more work to be done. That’s why I chose to lead this effort.

The health insurance claims assessment (HICA) was not only a stumbling block for growth, but we were playing chicken with a $420 million hole in our budget should we do nothing. The HICA has always underperformed; the use tax could hardly fill the gaps. Today, they both go away.

We have a very sophisticated replacement, negotiated with the federal government, the state of Michigan, and all of our stakeholders. It is the right solution at the right time for a very significant problem and I welcome my colleagues’ support.

The following bill was read a third time:

Senate Bill No. 993, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2016 PA 390.

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. 312 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hood Marleau Schuitmaker

Colbeck Hopgood Meekhof Shirkey

Conyers Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—1

Booher

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. 994, entitled

A bill to impose an assessment on certain insurance providers; to impose certain duties and obligations on certain insurance providers, state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to impose certain remedies and penalties.

The question being on the passage of the bill,

Senator Conyers offered the following amendment:

1. Amend page 6, following line 23, by inserting:

“(7) A PERSON ADMINISTERING A SELF-FUNDED PLAN THAT REALIZES A NET SAVINGS AS A RESULT OF THE REPEAL OF THE HEALTH INSURANCE CLAIMS ASSESSMENT ACT, 2011 PA 142, MCL 550.1731 TO 550.1741, SHALL PASS THAT SAVINGS THROUGH TO ITS CONSUMERS BY REDUCING ITS PREMIUMS ON A PRO RATA BASIS.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Hood requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 313 Yeas—14

Ananich Gregory Knezek Warren

Bieda Hertel O’Brien Young

Conyers Hood Rocca Zorn

Emmons Hopgood

Nays—22

Brandenburg Horn Marleau Robertson

Casperson Hune Meekhof Schmidt

Colbeck Jones Nofs Schuitmaker

Green Knollenberg Pavlov Shirkey

Hansen Kowall Proos Stamas

Hildenbrand MacGregor

Excused—1

Booher

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

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

Roll Call No. 314 Yeas—34

Ananich Hansen Kowall Robertson

Bieda Hertel MacGregor Rocca

Brandenburg Hildenbrand Marleau Schmidt

Casperson Hood Meekhof Shirkey

Colbeck Hopgood Nofs Stamas

Conyers Horn O’Brien Warren

Emmons Jones Pavlov Young

Green Knezek Proos Zorn

Gregory Knollenberg

Nays—2

Hune Schuitmaker

Excused—1

Booher

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Jones, Green, Brandenburg, Pavlov, Marleau, Casperson, Proos, Horn, Hildenbrand and Hune introduced

Senate Joint Resolution R, entitled

A joint resolution applying to the Congress of the United States to call a convention to propose an amendment to the constitution of the United States to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for federal officials and members of Congress.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.

Senators MacGregor, Jones, Shirkey, Schuitmaker and Emmons introduced

Senate Bill No. 1017, entitled

A bill to codify the liability of possessors of real property for injuries to invitees and licensees.

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

Senator Young introduced

Senate Bill No. 1018, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5 and 17 (MCL 123.1345 and 123.1357), section 5 as amended by 2015 PA 122 and section 17 as amended by 2017 PA 102.

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

Senator Young introduced

Senate Bill No. 1019, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 2 (MCL 12.252), as amended by 2016 PA 193, and by adding sections 11 and 11a.

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

Senator Young introduced

Senate Bill No. 1020, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2015 PA 262.

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

Senators Bieda, Ananich, Hopgood, Knezek, Hertel, Gregory, Warren and Young introduced

Senate Bill No. 1021, entitled

A bill to create the independent counsel act; to provide for the powers and duties of certain state and local governmental officers and entities; and to create a fund.

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

House Bill No. 5325, entitled

A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending section 1 (MCL 125.981), as amended by 2003 PA 209.