No. 70

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Wednesday, September 13, 2017.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

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

Ananich—present Hood—present O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—excused

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor Kevin Clark of Springwells Baptist Church of Detroit offered the following invocation:

Our Father God, we just thank You for this hour of fellowship. We thank You for what eyes have seen and ears have heard. We thank You for the rising of Your saints on this day.

Now, Lord, we come to this chamber to do Thy will. Lord, let us do Thy will in love and in unity. Lord, we thank You for this opportunity to serve Your people. Now, Father, we take it humbly as we know how.

We thank You for Jesus, the blessed work of Calvary, and let us all love one another as the Bible says that we should love one another. We thank You. It is in Jesus’ name that we pray, and let the entire congregation say: Amen.

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

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

The following communication was received and read:

Michigan Legislature

September 7, 2017

Pursuant to MCL 600.1082, Senate Majority Leader Arlan Meekhof and I appoint the following Judges to the State Drug Treatment Court Advisory Committee:

Hon. Julia B. Owdzieg, Washtenaw County Juvenile Court

Hon. Mark W. Latchana, 7th Circuit Court

Sincerely,

Tom Leonard

State Representative

93rd District

Arlan B. Meekhof

Senate Majority Leader

30th District

The communication was referred to the Secretary for record.

The following communication was received and read:

Office of the Auditor General

September 6, 2017

Enclosed is a copy of the following report:

• Performance audit report on the Michigan Economic Growth Authority Tax Credit Program, Michigan Strategic Fund, Department of Talent and Economic Development (186-0415-16).

Sincerely,

Doug Ringler

Auditor General

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

The following communication was received:

Office of Senator Ian Conyers

August 9, 2017

I respectfully request that I be removed as a co‑sponsor of Senate Resolution 85, introduced by Senator Casperson. Please take steps to formally process my removal as soon as possible.

Thank you for your assistance in this matter.

Sincerely,

Ian Conyers

State Senator

4th District

The communication was referred to the Secretary for record.

Senator Kowall moved that rule 3.902 be suspended to allow his guests and the guests of Senator Meekhof admittance to the Senate floor.

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

Pursuant to rule 3.507, Senator Kowall submitted a statement in writing for inclusion in today’s Journal.

Senator Kowall’s statement is as follows:

It is my sad duty to rise and talk of a recent tragedy that has touched the lives of many in Oakland County. Last month, the U.S. Navy identified the remains of a sailor—22-year-old Electronics Technician 3rd Class Kenneth Aaron Smith. Kenneth grew up in Novi. His mother, April Brandon, lives in Milford. Smith was onboard the USS John S. McCain when it collided with an oil tanker near Singapore on August 21.

Kenneth enlisted with the Navy in May 2014. While in service, he received three awards and decorations: the National Defense Service Medal, the Sea Service Deployment Ribbon, and the Navy Marine Corps Overseas Service Ribbon. Kenneth was a beloved son, friend, and sailor. His mother, April, will miss him dearly, as will his family, friends, and fellow sailors.

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

The motion prevailed.

Senator Kowall’s statement is as follows:

Last week I spoke to you about a sailor who was killed at sea during a collision. Today I have his mother, April; friend, Marshall; and grandmother, Dawn Berryman. I also want to talk to you about the other sailors who were in that accident. Nathan Findley, 31, of Missouri; Abraham Lopez, 39, of Texas; Kevin Sayer Bushell, 25, of Maryland; Jacob Daniel Drake, 21, of Ohio; Timothy Thomas Eckels Jr., 23, of Maryland; Corey George Ingram, 28, of New York; Dustin Louis Doyon, 26, of Connecticut; John Henry Hoagland, III, 20, of Texas; and Logan Stephen Palmer, 23, of Illinois.

This is not just a loss for Michigan, for families, and for communities, it’s a loss for the entire country. For accidents at sea to happen like this, it is totally uncalled for. It is the local tragedies and the local loss that we feel the most. I extended an invitation for April and their family to come in and experience what the Senate offers when we lose one of our service members while they are at sea, in the air, or on land. Please welcome them.

A moment of silence was observed in honor of Electronics Technician 3rd Class Kenneth Aaron Smith.

Senator Casperson entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received and read:

August 14, 2017

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

Health Information Technology Commission

Norman Joseph Beauchamp of 335 Bridge Street, N.W., Unit 1300, Grand Rapids, Michigan 49504, county of Kent, representing schools of medicine in Michigan, succeeding Mark Notman, is appointed for a term expiring August 3, 2021.

Meredith Roxanne Harper of 447 Summerfield Drive, Westland, Michigan 48185, county of Wayne, representing hospitals, succeeding Peter Schonfeld, is appointed for a term expiring August 3, 2021.

Patricia Dill Rinvelt of 2631 English Oak Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing purchasers or employers, succeeding herself, is reappointed for a term expiring August 3, 2021.

August 14, 2017

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

Michigan Law Enforcement Officers Memorial Monument Fund Commission

Deodge M. Hill of 9154 Solitude Lane, Belleville, Michigan 48111, county of Wayne, representing surviving spouses representing municipal police departments, succeeding Diane Philpot, is appointed for term expiring June 30, 2020.

September 5, 2017

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

Public Safety Communications Interoperability Board

Ronald Bush of 61729 Dailey Road, Cassopolis, Michigan 49031, county of Cass, representing local emergency first responders, succeeding Dale Gribler, is appointed for a term expiring April 30, 2019.

Sincerely,

Rick Snyder

Governor

The appointments were 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 President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 100, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197.

Senate Bill No. 101, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, 122, and 123 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, 24.322, and 24.323), section 71 as amended by 1984 PA 28, section 80 as amended and section 123 as added by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247.

The bills were placed on the order of Third Reading of Bills.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4892

The motion prevailed.

The following bill was read a third time:

House Bill No. 4892, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2015 PA 43.

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. 333 Yeas—37

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Zorn

Gregory

Nays—0

Excused—1

Young

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.

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 concurrent resolutions be postponed for today:

Senate Concurrent Resolution No. 10

House Concurrent Resolution No. 3

The motion prevailed.

Senators O’Brien and Schuitmaker offered the following resolution:

Senate Resolution No. 88.

A resolution to recognize August as Spinal Muscular Atrophy Awareness Month.

Whereas, Spinal muscular atrophy (SMA) is the leading genetic killer of children under the age of two and one in 40 Americans carry the gene that causes SMA; and

Whereas, Most children impacted by SMA succumb to the disease before their second birthday; and

Whereas, SMA is known to cause degeneration in voluntary muscle movement for those who survive with the disease; and

Whereas, SMA does not discriminate based on race, ethnicity, or gender; and

Whereas, SMA does not impact the mind. Children with SMA are bright, sensitive, and playful in spite of their failing bodies; and

Whereas, The nation’s leading researchers believe that with adequate resources a viable treatment or cure is attainable in as little as five years; and

Whereas, Increased awareness of spinal muscular atrophy will lead to increased knowledge and increased support for both disease research and the families affected by the disease, hopefully leading to a cure; and

Whereas, Patient Groups have named August as National Spinal Muscular Atrophy Awareness Month in order to raise awareness and help promote research into this devastating disease; now, therefore, be it

Resolved by the Senate, That we recognize August 2017 as Spinal Muscular Atrophy Awareness Month in the state of Michigan; and be it further

Resolved, That we urge citizens to help raise awareness about SMA and to support the organizations that are working hard to find a cure for SMA and helping those who live with this illness.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Ananich, Brandenburg, Conyers, Green, Hansen, Knollenberg, MacGregor, Marleau and Proos were named co‑sponsors of the resolution.

Senator Hildenbrand offered the following resolution:

Senate Resolution No. 89.

A resolution recognizing September 17-23, 2017, as Michigan Independent Colleges and Universities Week.

Whereas, Michigan is home to 25 independent college and universities serving over 120,000 students; and

Whereas, While Michigan’s student population has declined overall, enrollment at Michigan’s independent colleges and universities has increased by 30 percent in the last 16 years; and

Whereas, Michigan’s independent colleges and universities experienced a 21 percent growth in United States military veteran undergraduate enrollment from 2014-15, and a 33 percent enrollment increase for United States military veterans in graduate programs; and

Whereas, Thirty-nine percent of United States military veterans pursuing an undergraduate degree in Michigan do so at a Michigan independent college or university; and

Whereas, One of the most important factors in collegiate student success is affordability; and

Whereas, Eighty-one percent of students attending a Michigan independent college or university receive some form of financial aid via an institutional scholarship or grant, with the amount of scholarships and grants provided directly by institutions increasing by over $246 million between 2005 and 2015—a 99 percent increase in 10 years; and

Whereas, Access to quality higher education is important for low-income students, women, minorities, and veterans; and

Whereas, Half of undergraduate students at Michigan’s independent colleges and universities receive need-based Pell grants; and

Whereas, Students at independent colleges and universities in Michigan, earned 20,293 diplomas in 2015; and

Whereas, Over 80 percent of graduates from Michigan independent colleges and universities chose to live and work in the state after graduation; and

Whereas, Smaller colleges and universities—like many Michigan independent colleges and universities – provide individualized support that a large institution cannot, both in the classroom and within the administration; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize September 17-23, 2017, as Michigan Independent Colleges and Universities Week.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Ananich, Brandenburg, Green, Hansen, Knollenberg, MacGregor, Marleau and Proos were named co‑sponsors of the resolution.

Senator Bieda offered the following concurrent resolution:

Senate Concurrent Resolution No. 22.

A concurrent resolution to urge the United States Congress to enact legislation that adds transparency to our electoral process by improving disclosure laws on political spending.

Whereas, Democratic elections conducted in a fair and impartial manner are a hallmark of our great country. They are the cornerstone of our system of government; and

Whereas, Large political contributions in which there is no disclosure of donors is corrosive to democracy, as dark money will always darken democracy. Our hallowed elections should not be unduly affected by special interests who hold enormous purse strings and want to buy influence. Democracy belongs to all of the people, not just the wealthy; and

Whereas, Recent court decisions have unleashed political spending without prudent disclosure into our elections. The U.S. Supreme Court’s Citizens United decision opened the floodgates, and subsequent decisions have further turned the spigot; and

Whereas, Reforms at the national level are necessary to curb secretive campaign contributions and shed light on the donors of political spending. The federal Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act (S. 1585) would require outside groups that spend over $10,000 on election advertising, including super PACs, to disclose their donors and source of funding within 24 hours. The DISCLOSE Act also contains provisions designed to further mitigate spending in U.S. elections by foreign entities; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Congress to enact legislation that adds transparency to our electoral process by improving disclosure laws on political spending; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Kowall moved that the concurrent resolution be referred to the Committee on Elections and Government Reform.

The motion prevailed.

Senators Ananich and Conyers were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Hansen introduced

Senate Bill No. 552, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81114 and 81116 (MCL 324.81114 and 324.81116), section 81114 as amended by 2015 PA 77 and section 81116 as amended by 2013 PA 75.