No. 32
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Thursday, March 22, 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—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—excused Jones—present Rocca—present
Colbeck—present Knezek—present Schmidt—present
Conyers—excused Knollenberg—present Schuitmaker—present
Emmons—present Kowall—present Shirkey—present
Green—present MacGregor—present Stamas—present
Gregory—present Marleau—excused Warren—present
Hansen—present Meekhof—present Young—present
Hertel—present Nofs—present Zorn—present
Hildenbrand—present
Senator John Proos of the 21st District offered the following invocation:
Lord Jesus, we adore Your cross which frees us from sin, the origin of every division and evil. We proclaim Your resurrection, which ransoms man from the slavery of failure and death. We await Your coming in glory, which will bring to fulfillment Your kingdom of justice, joy and peace.
Lord Jesus, by Your glorious passion, conquer the hardness of our hearts, imprisoned by hatred and selfishness. By the power of Your resurrection, save the victims of injustice and maltreatment from their suffering. By the fidelity of Your coming, confound the culture of death and make the triumph of life shine forth.
Lord Jesus, unite to Your cross the sufferings of the many innocent victims—the children, the elderly, and the persecuted Christians. Envelop in paschal light those who are deeply wounded—abused persons, deprived of freedom and dignity. Let those who live in uncertainty experience the enduring constancy of Your kingdom—the exiles, refugees, and those who have lost the joy of living.
Lord Jesus, cast forth the shadow of Your cross over peoples at war. May they learn the way of reconciliation, dialogue and forgiveness. Let the peoples so wearied by bombing experience the joy of Your resurrection. Raise up Iraq and Syria from devastation. Reunite your dispersed children under Your gentle kingship. Sustain Christians in the diaspora and grant them the unity of faith and love.
O Virgin Mary, queen of peace, you who stood at the foot of the cross, obtain from your Son pardon for our sins. You who never doubted the victory of His resurrection, sustain our faith and our hope. You who are enthroned as queen in glory, teach us the royal road of service and the glory of love. 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 Ananich, Booher, Nofs and Zorn entered the Senate Chamber.
Senator Kowall moved that Senators Pavlov and Schuitmaker be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senators Casperson and Marleau be excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Conyers be excused from today’s session.
The motion prevailed.
Senators Pavlov and Schuitmaker entered the Senate Chamber.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
10:53 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Kowall introduced
Senate Bill No. 924, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 2, 29, and 30 (MCL 338.1052, 338.1079, and 338.1080), section 2 as amended by 2012 PA 581, section 29 as amended by 2010 PA 68, and section 30 as amended by 2000 PA 411.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4106, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1279h.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.
House Bill No. 4198, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4265, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 636 and 637 (MCL 257.636 and 257.637).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4360, entitled
A bill to prohibit a local government or law enforcement agency from operating a motor vehicle storage facility; to prohibit a local government or law enforcement agency from accepting consideration from an authorized vendor that operates a motor vehicle storage facility; to prohibit a local government or law enforcement agency from requiring an authorized vendor to deliver a motor vehicle to a motor vehicle storage facility operated by a different authorized vendor; to provide for exceptions; to prescribe the powers and duties of certain state and local departments, entities, and officials; to prescribe the powers and duties of certain law enforcement agencies; and to provide for remedies and penalties.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Local Government.
House Bill No. 5230, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 127 (MCL 38.1427), as amended by 2017 PA 92.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5231, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 58 (MCL 38.58), as added by 1996 PA 487.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5652, entitled
A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending section 604 (MCL 38.2604), as amended by 2008 PA 514.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5653, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 49 (MCL 38.49), as amended by 2011 PA 264.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5676, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2017 PA 108.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.
By unanimous consent the Senate returned 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 Horn 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. 5190, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as amended by 2016 PA 180.
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:
House Bill No. 5678, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as amended by 2017 PA 249.
Substitute (S-4).
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. 623, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 31a (MCL 206.31a), as added by 2011 PA 314.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 712, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 5 (MCL 15.235), as amended by 2014 PA 563.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 727, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as added by 2009 PA 202.
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. 174 Yeas—24
Booher Hildenbrand MacGregor Robertson
Brandenburg Horn Meekhof Schmidt
Colbeck Hune Nofs Schuitmaker
Emmons Jones O’Brien Shirkey
Green Knollenberg Pavlov Stamas
Hansen Kowall Proos Zorn
Nays—10
Ananich Hertel Knezek Warren
Bieda Hood Rocca Young
Gregory Hopgood
Excused—3
Casperson Conyers Marleau
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 Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 801, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7214 (MCL 333.7214), as amended by 2013 PA 268.
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 rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
House Bill No. 5678
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 839
Senate Bill No. 840
Senate Bill No. 881
House Bill No. 4633
House Bill No. 5282
House Bill No. 5678
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 839, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63207 (MCL 324.63207), as added by 2004 PA 449.
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. 175 Yeas—23
Booher Hildenbrand Meekhof Schmidt
Brandenburg Horn Nofs Schuitmaker
Colbeck Hune O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—11
Ananich Hertel Jones Warren
Bieda Hood Knezek Young
Gregory Hopgood Rocca
Excused—3
Casperson Conyers Marleau
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. 840, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30103 (MCL 324.30103), as amended by 2014 PA 253.
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. 176 Yeas—23
Booher Hildenbrand Meekhof Schmidt
Brandenburg Horn Nofs Schuitmaker
Colbeck Hune O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—11
Ananich Hertel Jones Warren
Bieda Hood Knezek Young
Gregory Hopgood Rocca
Excused—3
Casperson Conyers Marleau
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. 881, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3116 (MCL 324.3116).
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. 177 Yeas—23
Booher Hildenbrand Meekhof Schmidt
Brandenburg Horn Nofs Schuitmaker
Colbeck Hune O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—11
Ananich Hertel Jones Warren
Bieda Hood Knezek Young
Gregory Hopgood Rocca
Excused—3
Casperson Conyers Marleau
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:
House Bill No. 4633, entitled
A bill to amend 1968 PA 319, entitled “An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority,” by amending section 8 (MCL 28.258), as amended by 2006 PA 450.
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. 178 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5282, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2016 PA 117.
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. 179 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 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.
The following bill was read a third time:
House Bill No. 5678, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as amended by 2017 PA 249.
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. 180 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned 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 Horn 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:
House Bill No. 4561, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2016 PA 431.
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. 4562, entitled
A bill to amend 2012 PA 193, entitled “Agricultural disaster loan origination program act of 2012,” by amending sections 2, 3, 4, and 5 (MCL 286.422, 286.423, 286.424, and 286.425); and to repeal acts and parts of acts.
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. 4563, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 2a (MCL 21.142a), as amended by 2007 PA 176.
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. 4564, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2016 PA 432.
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.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
House Bill No. 4561
House Bill No. 4562
House Bill No. 4563
House Bill No. 4564
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 4561, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2017 PA 219.
The question being on the passage of the bill,
Senator Knezek offered the following amendment:
1. Amend page 10, following line 19, by inserting:
“Enacting section 1. It is the intent of the legislature to annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”.
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. 181 Yeas—14
Ananich Hood Knezek Warren
Bieda Hopgood Knollenberg Young
Gregory Horn Rocca Zorn
Hertel Jones
Nays—20
Booher Hansen Meekhof Robertson
Brandenburg Hildenbrand Nofs Schmidt
Colbeck Hune O’Brien Schuitmaker
Emmons Kowall Pavlov Shirkey
Green MacGregor Proos Stamas
Excused—3
Casperson Conyers Marleau
Not Voting—0
In The Chair: O’Brien
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. 182 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 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. 4562, entitled
A bill to establish an agricultural loan origination program; to authorize certain loan guarantees; to prescribe the powers and duties of certain state agencies and officials; and to provide for an appropriation.
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. 183 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4563, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 2a (MCL 21.142a), as amended by 2007 PA 176.
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. 184 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4564, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2017 PA 218.
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. 185 Yeas—34
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Nofs Shirkey
Colbeck Horn O’Brien Stamas
Emmons Hune Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—3
Casperson Conyers Marleau
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 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.
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.
Senator Kowall offered the following concurrent resolution:
Senate Concurrent Resolution No. 31
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 22, 2018, it stands adjourned until Tuesday, April 10, 2018, at 10:00 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Thursday, March 22, 2018, it stands adjourned until Tuesday, April 10, 2018, at 1:30 p.m.
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 concurrent resolution was adopted.
Senators Brandenburg, Hansen and MacGregor were named co‑sponsors of the concurrent resolution.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Representatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Statements
Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
I would like to record my position on votes that I missed during yesterday’s session. Had I been there, I would have voted the following way on the missed record Roll Calls votes: Roll Call No. 171, House Bill No. 5257, I would have voted “yea”; Roll Call No. 172, House Bill No. 5258, I would have voted “yea”; and Roll Call No. 173, House Bill No. 5097, I would have voted “no.”
I would like to explain why I was not in attendance yesterday. The reason I was not here in attendance is that I was attending a funeral of a very dear friend of mine by the name of Linda Hughes. Linda Hughes—many of you may not know this—she was the only woman to own an independent radio station in the whole country. She was known as “Lovely Linda” by her friends. She was one of those folks that when you say she is going to be missed, it is the most profound of understatements that you will ever utter.
She never served in public office. I know we talk a lot about office holders here in context of these types of statements, but she held court better than most of us do in public office. Her range of friends—she was one of those rare people who could work with the destitute in a manner and with confidence that comes from her relationship with Jesus Christ. She could also walk with that same confidence up in the executive board rooms with anyone in the country. It all came from her staunch faith. She would spend about two hours every single morning in the Bible to start the day. You could see her faith reflected in everything that she did throughout the day.
My wife and I were there when she was diagnosed with cancer at the hospital. She battled breast cancer before, and had gone into remission, so when we were at the hospital with her we thought she was having an issue with her gallbladder, because we had eaten some food that probably was not going to agree with any of us. We thought that’s what the issue was, but they came back, and we heard the words you never want to hear. She fought that cancer bravely. She fought it with a smile. She fought it always looking out for the best interests of others, and that’s what her specialty was. Her specialty was always finding that little seed inside of everybody that could make them into a better person. She did that with her husband, Theron, she did that with me and my wife, Angie. She did that with a common gentleman out at Hiller’s.
To show you what type of person she is—there was one late night where she got done with her shopping, was heading back to the car, and ran into this gentleman who was obviously homeless, and he was asking for money to get a meal for him and his family. Rather than just provide him with $10.00 or $20.00, she actually walked him back into what was Hiller’s Market at the time, got out the old shopping basket, and walked him through the aisles. The people there at Hiller’s knew her very well, and they wanted to make sure she wasn’t doing this under duress, because the gentleman was there with her. She said, “no, no, no,” and selflessly gave even though she was tired at the end of a long day. When you own a radio station it can be very tiring. The days are very long. They got into this for something more than themselves. She sacrificed a lot and she was very tired when she was doing this. I wanted to give you a little bit of a window into what kind of person we lost last Thursday.
Yeah, I missed a few votes, and I’m sure campaign ads come out on that kind of stuff, but I’ll gladly miss a vote when it comes to folks like Linda. She was a very rare person to have in this world. She left this world, sincerely, for a better place. She went to a homecoming that is much more fabulous than this place is. I just want people to understand that we lost somebody very special last Thursday. I know a lot of people here have friends and family who suffer from diseases like cancer, and I can’t stand that disease with a passion, especially when it takes good women like Linda from our presence. I want to make sure that we all realize that special, long-lasting legacy of looking for the best in all the people who we surround ourselves with. Find that little seed that we can water that makes them into better people. That’s the best testimony about Linda that we can ever appreciate.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 21:
House Bill Nos. 4106 4198 4265 4360 5230 5231 5652 5653 5676
The Secretary announced that the following bills were printed and filed on Wednesday, March 21, and are available at the Michigan Legislature website:
Senate Bill Nos. 912 913 914 915 916 917 918 919 920 921 922 923
House Bill Nos. 5738 5739 5740 5741
Committee Reports
The Committee on Judiciary reported
Senate Bill No. 895, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 6431 and 6452 (MCL 600.6431 and 600.6452).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 896, entitled
A bill to amend 2016 PA 343, entitled “Wrongful imprisonment compensation act,” by amending section 7 (MCL 691.1757).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 4053, entitled
A bill to designate the official language of this state; to require the use of the official language in certain documents and at certain public meetings; and to provide the powers and duties of certain state and local agencies and officials.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker and Emmons
Nays: Senator Bieda
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5438, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462a (MCL 750.462a), as amended by 2014 PA 329.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, March 20, 2018, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Jones (C), Schuitmaker, Rocca, Emmons and Bieda
The Committee on Finance reported
Senate Bill No. 887, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2018 PA 1.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 906, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2017 PA 219.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson and Proos
Nays: Senators Bieda and Warren
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 907, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2017 PA 218.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson and Proos
Nays: Senators Bieda and Warren
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5091, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 711 (MCL 206.711), as amended by 2017 PA 110.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5261, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9o (MCL 211.9o), as amended by 2017 PA 261.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Tuesday, March 20, 2018, at 2:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
The Committee on Oversight reported
Senate Bill No. 882, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 8 (MCL 15.268), as amended by 1996 PA 464.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Peter F. MacGregor
Chairperson
To Report Out:
Yeas: Senators MacGregor, Kowall, Stamas and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Oversight submitted the following:
Meeting held on Wednesday, March 21, 2018, at 8:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators MacGregor (C), Kowall, Stamas and Gregory
Excused: Senator Schuitmaker
The Committee on Natural Resources reported
House Bill No. 5001, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50507, 50703, 50706, and 51101 (MCL 324.50507, 324.50703, 324.50706, and 324.51101), section 50507 as amended by 2016 PA 248, sections 50703 and 50706 as added by 1995 PA 57, and section 51101 as amended by 2006 PA 383, and by adding part 535; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Natural Resources reported
House Bill No. 5002, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2016 PA 261.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, March 21, 2018, at 12:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren
The Committee on Regulatory Reform reported
Senate Bill No. 751, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Warren and Hertel and Knezek
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Wednesday, March 21, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Warren and Hertel and Knezek
Excused: Senator Hune
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Natural Resources submitted the following:
Meeting held on Tuesday, March 20, 2018, at 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Green (C), Booher and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Environmental Quality submitted the following:
Meeting held on Tuesday, March 20, 2018, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Green (C), MacGregor and Hopgood
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, March 21, 2018, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hildenbrand (C), MacGregor, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Gregory, Hopgood, Hertel, Knezek and Young
Excused: Senators Hansen, Green and Marleau
COMMITTEE ATTENDANCE REPORT
The Subcommittee on General Government submitted the following:
Meeting held on Thursday, March 22, 2018, at 8:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators Stamas (C), Nofs, Booher and Young
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Transportation submitted the following:
Meeting held on Thursday, March 22, 2018, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hansen (C), Knollenberg and Young
Scheduled Meetings
Appropriations -
Subcommittee -
Community Colleges - Wednesday, April 11, 9:30 a.m., Room 1300, Binsfeld Office Building (373-2768)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:55 a.m.
Pursuant to Senate Concurrent Resolution No. 31, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, April 10, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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