No. 13

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Thursday, February 9, 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—excused 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—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Dr. Melvin Hitchens of Community African Methodist Episcopal Church of Jackson offered the following invocation:

Gracious God, we say “thank You” for this moment just to be able to bow our heads in prayer and for this day. Bless each person that’s here. Give them the strength to keep going. In the midst of going, Lord, we pray that You continually keep us faithful to You, O Lord. In Jesus’ Name. Amen.

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

Motions and Communications

Senator Horn entered the Senate Chamber.

Senator Stamas moved that Senators Casperson, Kowall, Nofs and Robertson be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Stamas moved that Senator Brandenburg be excused from today’s session.

The motion prevailed.

Senator Stamas moved that rule 3.902 be suspended to allow the guests of Senator Hertel admittance to the Senate floor.

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

The Secretary announced that the Majority Leader has made the appointment of the following subcommittee:

Health and Human Services Appropriations Subcommittee - Senator Nofs replacing Senator Hansen.

The subcommittee appointment was approved, a majority of the members serving voting therefor.

The following communication was received and read:

Office of the Senate Majority Leader

February 8, 2017

I would like Senate Bill 119 re-referred to the Senate Committee on Appropriations.

If you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely,

Arlan Meekhof

30th Senate District

Senate Majority Leader

The communication was referred to the Secretary for record.

The following communication was received:

State Budget Office

February 7, 2017

The office of Financial Management has issued the State of Michigan Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2016. This report is required by Article 9, Section 21, of the State Constitution and Section 494, Public Act 431 of 1984, as amended.

The CAFR is available electronically on the internet at www.michigan.gov/budget . Any questions or comments may be directed to Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

Sincerely,

John S. Roberts

State Budget Director

The communication was referred to the Secretary for record.

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, February 8, and are available at the Michigan Legislature website:

Senate Bill Nos. 118 119 120 121

House Bill Nos. 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183

House Joint Resolution F

Senator Nofs entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Stamas 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 Proos 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. 39, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2801 (MCL 700.2801), as amended by 2016 PA 57.

Senate Bill No. 44, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2016 PA 236.

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

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

Resolutions

Senator Hertel offered the following resolution:

Senate Resolution No. 12.

A resolution to commemorate February 7-14, 2017, as Congenital Heart Defect Awareness Week.

Whereas, Congenital heart defect is the No. 1 birth defect; and

Whereas, Nearly 1 in 100 newborns are born with congenital heart defect; and

Whereas, 40,000 infants are born in the United States each year with congenital heart defect; and

Whereas, There is an estimated 2-3 million people living with congenital heart defect (CHD); and

Whereas, 25 percent of children born with CHD need heart surgery or other interventions to survive; and

Whereas, 15 percent of babies born with CHD will not see their 18th birthday; and

Whereas, In 2009, direct hospital costs alone for children and adults with CHD was over $2 billion; and

Whereas, Those affected with CHD have 3-4 times higher rates of ER visits than the general population; and

Whereas, Fewer than 10 percent of adults with CHD are receiving recommended care; and

Whereas, There is no cure for CHD; and

Whereas, Thanks to advances in medical research, however, more and more children are surviving; now, therefore, be it

Resolved by the Senate, That we hereby commemorate February 7-14, 2017, as Congenital Heart Defect Awareness Week in the state of Michigan; and be it further

Resolved, That we urge all citizens to show their support and help raise awareness in the fight against congenital heart defects by wearing the color purple on February 10, 2017 in honor of all of the CHD warriors like Ruby Jane, Alex, Wren, Karagan, and the countless others across the great state of Michigan by increasing awareness and speaking up we can conquer CHD.

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

Senator Stamas moved that the rule be suspended.

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

The resolution was adopted.

Senators Ananich, Bieda, Conyers, Hansen, Hildenbrand, Hopgood, Knezek, Knollenberg, Kowall, Proos, Schmidt and Warren were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Hertel’s statement is as follows:

Senate Resolution No. 12 is a resolution to proclaim February 7 - 14, 2017, as Congenital Heart Defect Awareness Week in the state of Michigan. Congenital heart defect is the most common birth defect. Nearly 1 in 100 babies are born with a congenital heart defect, or CHD. That is roughly 40,000 infants nationwide, and 1,700 infants in Michigan. There is an estimated 2 to 3 million people living with CHD right now, and 25 percent of children born with CHD need heart surgery or other interventions to survive. There is no cure.

But thanks to advances in medical research, more and more children are surviving. Children like Ruby Jane Schupbach, Karagan Calley, and Alex Leinhart. Last year, Ruby Jane helped us raise awareness for CHD as we celebrated Ruby Jane Day in Michigan. Ruby taught so many what it meant to be a CHD warrior. At one month old, Ruby had her first open-heart surgery. Since then, she has conquered another surgery and more grueling testing, but Ruby is a happy and healthy one-year old. Ruby opened the eyes of so many that she touched to the life that children with CHD and their families face. Children like Alex Leinhart. Alex was born on February 13, 2010, and at age four, he was diagnosed with congenital heart failure. Countless doctors and surgeons later, Alex was stabilized and began his long road to recovery. Even after multiple surgeries, Alex will forever be on a strict regimen of medication, constant testing, and he will still require more surgeries. His life revolves around blood tests every two weeks, strong medications, and shots. His road to recovery really never ends. But even all of that can’t stop Alex, who turns seven on Monday—happy birthday—from doing the things that most kids his age love to do. He plays baseball, soccer, and swimming, and is still extremely active. His mother Amy says, “I have never seen a child or an adult get poked and prodded more than he has. He takes everything like a champ. He is the strongest person I know.”

It is only fitting that we honor Alex and so many others that are affected by congenital heart disease. I encourage everyone to help raise awareness for congenital heart defects and honor Alex, Ruby Jane, Karagan, and all other CHD warriors by wearing purple this Friday, February 10. By increasing awareness and speaking up, we can conquer CHD. I ask that my colleagues help me welcome Alex and his mom Amy Leinhart, as well as David, Gail, Ayden, and Ruby Jane Schupbach to the Senate floor today. Also, again, please help me wish Alex a very happy seventh birthday.

Senators Knezek, Hertel, Hopgood, Bieda, Conyers, Warren, Gregory, Hood, Ananich, Young and Johnson offered the following resolution:

Senate Resolution No. 13.

A resolution to condemn the President’s January 27, 2017, executive order as a discriminatory overreach, urge the Department of Homeland Security to comply with federal court orders, and request the President of the United States immediately rescind the executive order.

Whereas, The United States was founded as a refuge for those escaping religious and political persecution. For generations, immigrants have longed for Liberty’s shore in hopes of a better life, and their contributions have enriched our nation’s culture, increased our productivity and innovation, and bolstered our economy; and

Whereas, American history is dotted with examples of discriminatory immigration policies that ill-served our nation. Beginning in the 19th century, exclusionary laws targeted Chinese, Japanese, and other Asian immigrants in the so-called Asiatic Barred Zone, and the national origins system was established to exclude most Eastern Europeans, Asians, and Africans from the United States. The refusal to accept 937 German Jews in 1939 who sought refuge from the Third Reich is the most poignant example of the consequences of discriminatory immigration policies. Refused permission to dock in the United States, the transatlantic liner St. Louis returned to Europe where 254 of its passengers were murdered in the Holocaust; and

Whereas, More than 50 years ago, the federal Immigration and Nationality Act of 1965 banned all discrimination against immigrants on the basis of national origin. The law was enacted to eliminate prejudice and bias from the immigration process and provide all countries with equal access to available visas. This act explicitly limits presidential authority by stating that no person could be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence,” and the only exceptions are those expressly granted by Congress; and

Whereas, On January 27, 2017, the President signed an executive order banning certain vulnerable immigrants from the United States. This order bans individuals from seven Muslim-majority countries—Sudan, Syria, Yemen, Iran, Iraq, Libya, and Somalia—from entering the United States for 90 days, prevents all refugees from entering the United States for 120 days, and indefinitely suspends the entry of refugees from war-torn Syria; and

Whereas, The President’s executive order, entitled “Protecting the Nation from Foreign Terrorists Entry into the United States,” desecrates our American values and panders to the same fears that have resulted in some of our nation’s most shameful acts. Not only is this order an affront to religious freedom—a principle enshrined by our Founding Fathers as the First Amendment in the Bill of Rights—it also overlooks that those seeking shelter are themselves victims of terrorism and are fleeing the savagery, death, and destruction caused by their governments. Moreover, while the President justifies the need for this order because of the September 11, 2001, attacks, those 19 terrorists originated from four nations omitted from the ban: Saudi Arabia, Egypt, Lebanon, and the United Arab Emirates; and

Whereas, The executive order seeks to resurrect discriminatory immigration policies, and therefore, violates the federal Immigration and Nationality Act of 1965. Federal courts throughout the nation have already issued emergency stays that will stop federal officials from deporting individuals with approved refugee applications, holders of valid visas, and people from the seven impacted nations who have already secured authorization to enter the United States; and

Whereas, This executive order has created chaos, confusion, anxiety, and hardship. Without prior vetting by experts in the departments of Homeland Security, Justice, State, and Defense, individuals seeking entry into the United States with valid visas were detained, and despite being subjected to the most stringent vetting system applied to any traveler seeking entrance into this country, refugees with valid visas were turned away at airports or removed from U.S.-bound flights; and

Whereas, The administration’s defiance of federal court orders violate the constitution and undermine American democracy. The Constitution of the United States established three equal branches of government as a check against one another’s power, and almost immediately following the enactment of the travel ban, federal courts temporarily blocked parts the President’s order and required legal counsel to be granted access to detained travelers while it considered the legality of the policy. Despite these orders, attorneys for the detained were prevented access to their clients by agents from the Department of Homeland Security. As a nation built upon the rule of law, the blatant disregard for the judicial branch shakes the governing principles of our nation to its core, and it cannot be tolerated; and

Whereas, The President’s executive order jeopardizes the national security of the United States. The United States is home to approximately 3.3 million Muslims who live and work peacefully in our communities but who feel increasingly alienated because of their religion. The order also serves as a recruitment tool for terrorist groups around the world, and it makes our service men and women abroad prominent targets for retribution; now, therefore, be it

Resolved by the Senate, That we condemn the President’s January 27, 2017, executive order as a discriminatory overreach that illegally targets immigrants based on their national origin and religion, and request that the President of the United States immediately rescind the executive order; and be it further

Resolved, That we urge the federal Department of Homeland Security to comply with all federal court orders and immediately permit detained individuals to have timely access to legal counsel; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States and the Secretary of Homeland Security.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

The Assistant President pro tempore, Senator O’Brien, assumed the Chair.

Senator Robertson entered the Senate Chamber.

Senators Proos, Hood, Schmidt, Hopgood, Gregory, Booher, Marleau, Hansen, Hildenbrand, Conyers and Emmons offered the following resolution:

Senate Resolution No. 14.

A resolution to declare February 14, 2017, as Organ Donor Registry Day.

Whereas, Many Michigan residents have saved the lives of others and given them new beginnings by donating an organ; and

Whereas, There are currently about 3,500 people in the state of Michigan waiting patiently and with courage to receive an organ donation; and

Whereas, One-half of the state’s adult population has registered with the Michigan Organ Donor Registry; and

Whereas, It is imperative that all citizens are aware of the opportunity to save and enhance the lives of others through organ donation and transplantation; and

Whereas, It is possible to transplant approximately 25 different organs and tissues, including liver, bone, bone marrow, cartilage, cornea, hearts, kidney, lung, and pancreas; and

Whereas, Organ and tissue donation from one individual can save or enhance the lives of up to seventy-five people; and

Whereas, Families receive comfort in their grief knowing that through organ donation another person’s life has been saved; and

Whereas, Those who choose to donate set an example of undeniable generosity and compassion and this reflects the character of these individuals whose choice saves the lives of others; now, therefore, be it

Resolved by the Senate, That we declare February 14, 2017, as Organ Donor Registry Day; and be it further

Resolved, That a copy of this resolution be transmitted to Gift of Life of Michigan as evidence of our esteem.

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

Senator Stamas moved that the rule be suspended.

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

The resolution was adopted.

Senators Ananich, Bieda, Knezek, Knollenberg, Kowall and Warren were named co‑sponsors of the resolution.

Senators Hood and Proos asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hood’s statement is as follows:

As we sit here today and we recognize Senator Hertel’s guests, the things that family goes through and we talk about that young life and the strength that young child has, I stand here with my colleague from the 21st District to talk about organ donors and the potential of the registry and being a recipient of organ donation. As you well know, November 29, I was the recipient of an organ—a kidney—and it gave me new life, extended my life, hopefully. That is the purpose of it and we can affect many lives by organ donation and filling out that card when you go to the Secretary of State’s office or get online and fill that out. We really don’t realize that and we see most people only really realize it when it actually impacts them because that’s when I knew about it. Senator John Gleason, as you well know, was a kidney transplant recipient and he banged his gavel every day about being a donor. So think about that because it may not be you today, but it could be you tomorrow that may need a donor or someone in your family. Throughout this state, we have about 3,500 people who are on the list waiting for an organ, and I was fortunate enough—when a lot of people pass away because they don’t get that donor—and by God’s grace, I got one.

I don’t want to belabor session here, but I’ll tell a story of what happened that first Tuesday after we came into session after Thanksgiving. I got a call about 5 o’clock in the morning and they said, “We have a potential match for you.” I said, “Okay, alright. I’ll go on and go to work.” They said, “we’ll call you later and let you know.” About 4:30 p.m. when I was here in my office, they called me and said, “We want you to come on in and get some more testing done to see if it’s a match.” I said, “What time do you want me to be there?” They said, “Well, how about 8 o’clock.” I’m like, “Huh?” And so, I hopped in the car and flew home. My sister met me at the house, and we went to U of M and they ran a test, and at about 9 o’clock, they were telling me, “Let’s do it,” and I’m like, “Wow, what?” So it happened that fast and so a life can be changed that fast.

With Senator Proos pushing to get more recognition for organ donors and to give you some more facts, when you break the facts down, half of the adult population in the state is currently registered on the Michigan organ donor registry, but most of us do not know how being on that list can impact their life. Twenty-five different organs and tissues, including kidneys, liver, bone, bone marrow, cartilage, corneas, hearts, lungs, and pancreases, can be given to save or drastically improve the quality of life of another individual. Today, we want to bring awareness to the positive impact organ donation can have, and if you’re not already registered, we want to encourage you to do so, and others as well. There are many different ways that you can get registered on the organ donation registry. You can go through the Secretary of State’s office, through your iPhone on the Health app, and we are currently working to have a link to add your name to the registry on our website. I hate to be taking all the time from my good friend here, but I’m sure he has some things to say. Please take a look at it, please talk about it with your families, because you can actually drastically impact somebody’s health like it has mine.

Senator Proos’ statement is as follows:

I appreciate the chance to stand with my good friend, Senator Hood, whose personal story is one that is not unique in the state of Michigan, and certainly not unique in our chamber knowing that Senator Gleason—who many of us served with—also cared passionately about this topic. Please join us for a special reception Tuesday, February 14 where we bring greater awareness to the gift of life, for a coffee and dessert reception right here from 1 to 3 o’clock on the first floor of the south wing of the Capitol. An opportunity for all of us to acknowledge the importance of organ donation, ensuring that you and your family members are registered, so that you too can help to save a life. Who knows, it could very well be one of your own colleagues in the Michigan Senate. If you would all please join me in welcoming back Senator Morris Hood, the recipient of an organ donation that has saved his life on behalf of all those in the state of Michigan that are waiting.

Introduction and Referral of Bills

Senator Robertson introduced

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article XI, to increase the number of positions that the civil service commission may exempt from the classified state civil service.

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

Senator O’Brien introduced

Senate Bill No. 122, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516, section 3113 as amended by 2016 PA 188, and section 6101 as amended by 2012 PA 178.

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

Senators Knezek and O’Brien introduced

Senate Bill No. 123, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636).

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

Senators O’Brien and Knezek introduced

Senate Bill No. 124, 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 bill was read a first and second time by title and referred to the Committee on Judiciary.

Senator Robertson introduced

Senate Bill No. 125, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8.

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

Senator Kowall introduced

Senate Bill No. 126, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2504a (MCL 339.2504a), as amended by 2016 PA 502.

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

Senators Jones, Nofs, Conyers, Schuitmaker and Marleau introduced

Senate Bill No. 127, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479d.

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

Senators Jones, Nofs, Schuitmaker and Marleau introduced

Senate Bill No. 128, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

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

Senator Casperson introduced

Senate Bill No. 129, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115, and 324.63201), section 3118 as amended by 2015 PA 82, section 9115 as amended by 2011 PA 214, and section 63201 as added by 2004 PA 449, and by adding part 634.

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

Senator Hildenbrand introduced

Senate Bill No. 130, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.