No. 65
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Tuesday, September 25, 2018.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
Senator Kowall moved that the Senate adjourn, pursuant to rule 1.205.
The motion prevailed, the time being 10:01 a.m.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 6:
House Bill Nos. 5376 5640 5641 5643 5866 5926 5950
The Secretary announced that the following initiative petitions were filed with the Secretary of State:
Legislative Initiative Petition
An initiation of legislation to enact the Improved Workforce Opportunity Wage Act which would fix minimum wages for employees within this state; prohibit wage discrimination; provide for a wage deviation board; provide for the administration and enforcement of the act; prescribe penalties for the violation of the act; and supersede certain acts and parts of acts including 2014 PA 138.
(Filed with the Secretary of State on Wednesday, September 5, 2018, at 11:45 a.m.)
Legislative Initiative Petition
An initiation of legislation to provide workers with the right to earn sick time for personal or family health needs, as well as purposes related to domestic violence and sexual assault and school meetings needed as the result of a child’s disability, health issues or issues due to domestic violence and sexual assault; to specify the conditions for accruing and using earned sick time; to prohibit retaliation against an employee for requesting, exercising, or enforcing rights granted in this act; to prescribe powers and duties of certain state departments, agencies, and officers; to provide for promulgation of rules; and to provide remedies and sanctions.
(Filed with the Secretary of State on Wednesday, September 5, 2018, at 11:47 a.m.)
The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 5, and are available at the Michigan Legislature website:
Senate Bill Nos. 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086
1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100
1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114
1115 1116 1117 1118 1119
House Bill Nos. 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 6304
6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318
6319 6320 6321 6322 6323 6324
House Joint Resolution MM
The Secretary announced that the following bills were printed and filed on Thursday, September 6, and are available at the Michigan Legislature website:
House Bill Nos. 6325 6326 6327 6328 6329 6330 6331 6332 6333 6334 6335 6336 6337 6338
6339 6340 6341 6342 6343 6344 6345 6346 6347 6348 6349
Committee Reports
The Committee on Commerce reported
Senate Bill No. 1023, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 248 (MCL 257.248), as amended by 2016 PA 425, and by adding section 248l.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce reported
House Bill No. 4887, entitled
A bill to amend 1917 PA 273, entitled “An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies,” by amending the title and section 10 (MCL 446.210), the title as amended by 2002 PA 469 and section 10 as amended by 1998 PA 233, and by adding section 12.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
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 Commerce submitted the following:
Meeting held on Wednesday, September 5, 2018, at 9:00 a.m., Room 1200, Binsfeld Office Building
Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel
The Committee on Government Operations reported
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.
With the recommendation that the substitute (S-1) be adopted and that the joint resolution then be adopted.
Arlan B. Meekhof
Chairperson
To Report Out:
Yeas: Senators Meekhof, Hansen and Kowall
Nays: Senators Ananich and Hood
The joint resolution and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1017, entitled
A bill to codify the liability of possessors of real property for injuries to invitees and licensees.
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. 5181, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252a, 252f, and 252g (MCL 257.252a, 257.252f, and 257.252g), section 252a as amended by 2015 PA 48, section 252f as amended by 2008 PA 539, and section 252g as amended by 2012 PA 498.
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.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Emmons and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5254, entitled
A bill to require the fingerprinting of certain public employees for the purpose of receiving criminal history record information from the department of state police and the Federal Bureau of Investigation; to provide for the powers and duties of certain state and local governmental officers and entities; to provide for the collection of fees; and to prohibit the release of certain information and prescribe penalties.
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, Emmons and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Oversight reported
Senate Bill No. 1037, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 111n.
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.
Peter F. MacGregor
Chairperson
To Report Out:
Yeas: Senators MacGregor, Kowall and Stamas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Oversight reported
Senate Bill No. 1038, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 111m.
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.
Peter F. MacGregor
Chairperson
To Report Out:
Yeas: Senators MacGregor, Kowall and Stamas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Oversight reported
Senate Bill No. 1039, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 105g.
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.
Peter F. MacGregor
Chairperson
To Report Out:
Yeas: Senators MacGregor, Kowall and Stamas
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 Oversight submitted the following:
Meeting held on Thursday, September 6, 2018, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators MacGregor (C), Kowall and Stamas
Excused: Senators Schuitmaker and Gregory
The Committee on Families, Seniors and Human Services reported
House Bill No. 5750, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 2, and 3 of chapter XII (MCL 712.1, 712.2, and 712.3), sections 1 and 3 as amended by 2006 PA 488 and section 2 as added by 2000 PA 232.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Pavlov, Jones and Casperson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5751, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 5, 7, 10, 17, and 20 of chapter XII (MCL 712.5, 712.7, 712.10, 712.17, and 712.20), section 5 as added by 2000 PA 232, sections 7 and 10 as amended by 2006 PA 488, section 17 as amended by 2010 PA 348, and section 20 as amended by 2003 PA 245, and by adding section 3a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Pavlov, Jones and Casperson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5953, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2843 (MCL 333.2843), as amended by 2013 PA 79.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Pavlov, Jones and Casperson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5954, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 135 (MCL 750.135), as amended by 2002 PA 689.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Pavlov, Jones and Casperson
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, September 5, 2018, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Emmons (C), Pavlov, Jones and Casperson
Excused: Senator Gregory
The Committee on Transportation reported
Senate Bill No. 396, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 722 and 725 (MCL 257.722 and 257.725), section 722 as amended by 2016 PA 72 and section 725 as amended by 2016 PA 454, and by adding section 719d.
With the recommendation that the substitute (S-5) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: Senator Conyers
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 917, entitled
A bill to amend 2016 PA 436, entitled “Unmanned aircraft systems act,” by amending section 21 (MCL 259.321).
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, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 918, entitled
A bill to amend 2016 PA 436, entitled “Unmanned aircraft systems act,” by amending section 3 (MCL 259.303) and by adding section 30.
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, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 919, entitled
A bill to amend 2016 PA 436, entitled “Unmanned aircraft systems act,” (MCL 259.301 to 259.331) by adding section 20.
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, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 921, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 45a.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 922, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2017 PA 30.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 940, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4b.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 960, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 21a.
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, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 964, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7, 7a, 9, 17, 17a, 19, and 23 (MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.307a, 252.309, 252.317, 252.317a, 252.319, and 252.323), sections 2, 4, 6, 7, 7a, and 17 as amended and section 17a as added by 2014 PA 2 and sections 3, 9, and 19 as amended by 2006 PA 448, and by adding section 8; and to repeal acts and parts of acts.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: Senator Conyers
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4495, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811d (MCL 257.811d), as amended by 2006 PA 562, and by adding section 811cc.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 5090, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2016 PA 450.
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, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 5766, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 698 and 717 (MCL 257.698 and 257.717), section 698 as amended by 2017 PA 37 and section 717 as amended by 2014 PA 391.
With the recommendation that the substitute (S-4) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 5923, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 18a.
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, Horn, Pavlov, Marleau and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Thursday, September 6, 2018, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Casperson (C), Horn, Pavlov, Marleau and Conyers
COMMITTEE ATTENDANCE REPORT
The Senate Fiscal Agency Board of Governors submitted the following:
Meeting held on Thursday, September 6, 2018, at 9:00 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Hildenbrand (C), Meekhof, MacGregor and Ananich
Excused: Senator Gregory
Scheduled Meetings
Appropriations - Wednesday, September 26, 11:00 a.m., Room 1100, Binsfeld Office Building (373-5307)
Subcommittee -
Capital Outlay - Wednesday, September 26, 3:30 p.m. or immediately following Senate Appropriations, Room 1100, Binsfeld Office Building (373-2768)
Criminal Justice Policy Commission - Wednesday, October 3, 9:00 a.m., Room 426, Capitol Building (373-0212)
Education - Wednesday, September 26, 12:15 p.m., Room 1200, Binsfeld Office Building (373-1721)
Energy and Technology - Wednesday, September 26, 9:00 a.m., Room 1200, Binsfeld Office Building (373-1721)
Judiciary - Wednesday, September 26, 9:00 a.m., Room 1300, Binsfeld Office Building (373-5323)
Legislative Council - Wednesday, September 26, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-0212)
Michigan Competitiveness - Wednesday, September 26, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5323)
Natural Resources - Wednesday, September 26, 12:00 noon, Room 1300, Binsfeld Office Building (373-5312)
Regulatory Reform - Wednesday, September 26, 11:00 a.m., Room 1200, Binsfeld Office Building (373-5323)
The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, September 26, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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