No. 64

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Wednesday, July 12, 2017.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

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

Ananich—excused Hood—present O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—excused Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—excused Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—excused 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

Senator Patrick J. Colbeck of the 7th District offered the following invocation:

Dear God, we thank You so much for this glorious day. Lord, we thank You for the majesty of Your thunderstorms that water our ground. We just thank You for the majesty of each and every individual in this room, God, who You created in Your own image. We thank You so much for the opportunity to have representative government that seeks to serve the people of Michigan in a way that gives honor to You, God. We ask that as we go through all of our deliberations, that we keep our eyes focused on You, not on the wind and the waves as we step out of the boat of public service, God. Please guide us through the storms of life and guide us into Your presence so that when we seek the end of our term and service here, that we can earn that moniker from You of, “Well done, good and faithful servant.” We ask this all in Jesus’ name. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Jones and Pavlov entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

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

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

Senator Schmidt entered the Senate Chamber.

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

The motion prevailed.

Senator Meekhof’s statement is as follows:

Today, we have the bittersweet occasion of celebrating the career of Assistant Sergeant-at-Arms LRoy Green. LRoy is leaving the Michigan Senate Police after 11 years of service.

LRoy started his career in 1975 with the Grand Ledge Police Department. In 1977, he took a new job with the Lansing Parks Police, and in 1981 he began a 25-year career with the Lansing Police Department. As a Lansing Police Officer, LRoy served in many specialized roles, including the Motorcycle Unit and the Special Tactics and Rescue Team.

In 2006, LRoy brought that wealth of knowledge and experience here, to the Michigan Senate. LRoy has diligently and effectively worked to keep our members, staff, and visitors safe. He is an irreplaceable asset to our body.

LRoy will be looking forward to a long retirement spent with his family and cross-country trips on his Harley. LRoy is joined today by his wife, Patricia, his daughter, and son-in-law. Would you all please join me in thanking LRoy for his service to our body and to the citizens of Michigan?

The following communications were received and read:

Office of the Auditor General

June 27, 2017

Enclosed is a copy of the following report:

• Performance audit report on the Michigan Statewide Automated Child Welfare Information System (MiSACWIS), Michigan Department of Health and Human Services and Department of Technology, Management and Budget.

June 28, 2017

Enclosed is a copy of the following report:

• Single audit report for the State of Michigan for the fiscal year ended September 30, 2016.

June 28, 2017

Enclosed is a copy of the following report:

• Report on internal control, compliance, and other matters of the Michigan Economic Development Corporation for the fiscal year ended September 30, 2016.

June 30, 2017

Enclosed is a copy of the following report:

• Follow-up report on the performance audit of the Office of Business Development, Michigan Department of Transportation.

Sincerely,

Doug Ringler

Auditor General

The audit reports were referred to the Committee on Government Operations.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

June 20, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-018-LR (Secretary of State Filing #17-06-02) on this date at 2:38 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 7. Plumbing Code - Amendments and Additions to Basic Plumbing Code.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

June 20, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-023-IF (Secretary of State Filing #17-06-03) on this date at 2:38 p.m. for the Department of Insurance and Financial Services entitled, “Replacement of Life Insurance Policies.”

June 20, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-037-EQ (Secretary of State Filing #17-06-04) on this date at 2:38 p.m. for the Department of Environmental Quality entitled, “Part 17. Soil Erosion and Sedimentation Control.”

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Office of Senator Ken Horn

June 26, 2017

I respectfully request that I be added as a co‑sponsor of Senate Bills 488-491, introduced by Senators MacGregor, O’Brien, Meekhof and Gregory. Please take steps to formally process my addition as soon as possible.

Thank you for your assistance in this matter.

Sincerely,

Ken Horn

State Senator

32nd District

The communication was referred to the Secretary for record.

The following communication was received:

Department of Treasury

June 30, 2017

MCL 206.713 requires the attached report on the New Jobs Training Program to be distributed to the Governor, along with several other recipients including the Clerk of the House, Secretary of the Senate, several committee chairs, and the director of the Michigan Strategic Fund.

Please let me know if you have any questions regarding this report.

Scott Darragh, Economist

Office of Revenue and Tax Analysis

The communication was referred to the Secretary for record.

The following communication was received:

State Court Administrative Office

June 30, 2017

MCL 769.1k(9) requires the State Court Administrative Office to submit, by July 1, the attached report related to court costs imposed on criminal defendants.

Trial courts compiled and reported the following three pieces of information for this report:

• total number of cases in which costs under MCL 769.1k(1)(b)(iii) were imposed;

• total amount of costs imposed under MCL 769.1k(1)(b)(iii); and

• total amount of costs imposed under MCL 769.1k(1)(b)(iii) that were collected.

These court costs are allowable, but not required, in cases with a felony, misdemeanor, or designated juvenile conviction.

If you have any questions, please contact John Nevin, Communications Director, at nevinj@courts.mi.gov or 517-373-0129.

Milton L. Mack, Jr.

State Court Administrator

The communication was referred to the Secretary for record.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, June 28, for his approval the following bills:

Enrolled Senate Bill No. 337 at 12:12 p.m.

Enrolled Senate Bill No. 338 at 12:14 p.m.

Enrolled Senate Bill No. 368 at 12:16 p.m.

Enrolled Senate Bill No. 369 at 12:18 p.m.

Enrolled Senate Bill No. 410 at 12:20 p.m.

Enrolled Senate Bill No. 159 at 12:22 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 29, for his approval the following bill:

Enrolled Senate Bill No. 401 at 4:55 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, July 11, for his approval the following bills:

Enrolled Senate Bill No. 94 at 2:28 p.m.

Enrolled Senate Bill No. 95 at 2:30 p.m.

Enrolled Senate Bill No. 160 at 2:32 p.m.

Enrolled Senate Bill No. 219 at 2:34 p.m.

Enrolled Senate Bill No. 245 at 2:36 p.m.

Enrolled Senate Bill No. 248 at 2:38 p.m.

Enrolled Senate Bill No. 249 at 2:40 p.m.

Enrolled Senate Bill No. 260 at 2:42 p.m.

Enrolled Senate Bill No. 267 at 2:44 p.m.

Enrolled Senate Bill No. 333 at 2:46 p.m.

Enrolled Senate Bill No. 380 at 2:48 p.m.

Enrolled Senate Bill No. 383 at 2:50 p.m.

Enrolled Senate Bill No. 394 at 2:52 p.m.

Enrolled Senate Bill No. 433 at 2:54 p.m.

Enrolled Senate Bill No. 76 at 2:56 p.m.

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, June 28, and are available at the Michigan Legislature website:

Senate Bill Nos. 493 494 495 496 497 498 499 500 501

Senate Joint Resolution K

Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

Recess

Senator Kowall moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 10:09 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.

During the recess, Senators Johnson and Stamas entered the Senate Chamber.

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Knezek, Hertel and Bieda admittance to the Senate floor.

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

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 1:31 p.m.

3:35 p.m.

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

During the recess, Senators Hertel, Young, Rocca, Nofs and Hopgood entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senator Kowall moved that consideration of the following bill be postponed for today:

Senate Bill No. 35

The motion prevailed.

Senate Bill No. 242, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 9 (MCL 125.2009), as amended by 2014 PA 503, and by adding chapter 8D.

The House of Representatives has amended the bill as follows:

1. Amend page 9, line 27, after “LOCATION” by inserting “AND THE NUMBER OF FULL-TIME JOBS THAT THE AUTHORIZED BUSINESS ACQUIRED THROUGH A MERGER OR ACQUISITION THAT WERE LOCATED IN THIS STATE PRIOR TO THE EXPANSION OR LOCATION”.

2. Amend page 10, line 1, after “FUND.” by inserting “PURSUANT TO A WRITTEN AGREEMENT BETWEEN THE AUTHORIZED BUSINESS, THE FUND, AND THE PRIMARY SUPPLIER, CERTIFIED NEW JOBS FOR AN AUTHORIZED BUSINESS DESCRIBED IN SUBDIVISION (D)(i) MAY, AS DETERMINED BY THE FUND, INCLUDE THE NUMBER OF THOSE NEW JOBS CREATED BY THE PRIMARY SUPPLIER OF THAT AUTHORIZED BUSINESS AS A RESULT OF THE NEW OR INCREASED BUSINESS ACTIVITY WITH THAT AUTHORIZED BUSINESS AS DETERMINED BY THE FUND.”.

3. Amend page 10, line 2, by striking out all of subdivision (D) and inserting:

“(D) “ELIGIBLE BUSINESS” MEANS A BUSINESS OTHER THAN A RETAIL ESTABLISHMENT, PROFESSIONAL SPORTS STADIUM, CASINO, OR THAT PORTION OF AN ELIGIBLE BUSINESS USED EXCLUSIVELY FOR RETAIL SALES THAT PROPOSES TO CREATE 1 OR MORE OF THE FOLLOWING:

(i) A MINIMUM OF 3,000 CERTIFIED NEW JOBS IN THIS STATE WITH AN AVERAGE ANNUAL WAGE THAT IS EQUAL TO OR GREATER THAN THE PROSPERITY REGION AVERAGE WAGE.

(ii) A MINIMUM OF 500 CERTIFIED NEW JOBS IN THIS STATE WITH AN AVERAGE ANNUAL WAGE THAT IS EQUAL TO OR GREATER THAN THE PROSPERITY REGION AVERAGE WAGE.

(iii) A MINIMUM OF 250 CERTIFIED NEW JOBS IN THIS STATE WITH AN AVERAGE ANNUAL WAGE THAT IS EQUAL TO 125% OR MORE OF THE PROSPERITY REGION AVERAGE WAGE.”.

4. Amend page 10, following line 22, by inserting:

“(I) “PRIMARY SUPPLIER” MEANS AN ENTITY THAT CREATES NOT FEWER THAN 25 NEW JOBS IN THIS STATE AND THAT PROVIDES BOTH OF THE FOLLOWING TO AN AUTHORIZED BUSINESS PURSUANT TO A WRITTEN AGREEMENT UNDER THIS CHAPTER:

(i) A MINIMUM OF $5,000,000.00 IN TANGIBLE PERSONAL PROPERTY ANNUALLY AS DETERMINED BY THE FUND.

(ii) A MINIMUM OF 10% OF THE TANGIBLE PERSONAL PROPERTY USED BY THE AUTHORIZED BUSINESS ANNUALLY AS DETERMINED BY THE FUND.” and relettering the remaining subdivisions.

5. Amend page 12, line 4, by striking out all of subdivision (A) and inserting:

“(A) THE ELIGIBLE BUSINESS PROPOSES TO CREATE AND MAINTAIN THE MINIMUM NUMBER OF CERTIFIED NEW JOBS AT A FACILITY IN THIS STATE AND TO PAY AN AVERAGE ANNUAL WAGE THAT IS DESCRIBED IN SECTION 90G(D).”.

6. Amend page 13, line 13, by striking out all of subdivision (I) and inserting:

“(I) THAT THE LOCAL GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE FACILITY IS LOCATED APPROVES THE EXPANSION OR NEW LOCATION BY RESOLUTION.”.

7. Amend page 14, following line 20, by inserting:

“(G) WHETHER THE ELIGIBLE BUSINESS HAS MADE A WRITTEN COMMITMENT TO FUND SOME PORTION OF COSTS FOR APPLICABLE TRAINING OF THE INDIVIDUALS THAT WILL PERFORM THE FULL-TIME JOBS THAT LEADS TO A PROFESSIONAL OR TECHNICAL CERTIFICATION FOR THESE INDIVIDUALS.”.

8. Amend page 14, following line 20, by inserting:

“(H) THAT THE ELIGIBLE BUSINESS WILL MAKE A GOOD-FAITH EFFORT TO EMPLOY, IF QUALIFIED, MICHIGAN RESIDENTS AT THE FACILITY.”.

9. Amend page 14, line 21, by striking out all of subsection (6) and inserting:

“(6) THE FUND SHALL DETERMINE THE DURATION AND AMOUNT OF THE WITHHOLDING TAX CAPTURE REVENUES. IN DETERMINING THE DURATION OF THE WITHHOLDING TAX CAPTURE REVENUES, THE FUND SHALL PROVIDE A DURATION OF UP TO 5 YEARS FOR ELIGIBLE BUSINESSES DESCRIBED IN SECTION 90G(D)(ii) AND UP TO A DURATION OF 10 YEARS FOR ELIGIBLE BUSINESSES DESCRIBED IN SECTION 90G(D)(i) OR (iii). IN DETERMINING THE AMOUNT OF THE WITHHOLDING TAX CAPTURE REVENUE PAYMENTS, THE FUND MAY APPROVE A PAYMENT OF NOT MORE THAN 50% OF THE WITHHOLDING TAX CAPTURE REVENUES FOR AN ELIGIBLE BUSINESS DESCRIBED IN SECTION 90G(D)(ii) AND A PAYMENT OF UP TO 100% OF THE WITHHOLDING TAX CAPTURE REVENUES FOR AN ELIGIBLE BUSINESS DESCRIBED IN SECTION 90G(D)(i) OR (iii). THE AMOUNT OF WITHHOLDING TAX CAPTURE REVENUES CERTIFIED TO BE PAID TO AN AUTHORIZED BUSINESS SHALL BE REDUCED BY 5%, WHICH SHALL BE RETAINED BY THE FUND FOR ADDITIONAL ADMINISTRATIVE EXPENSES UNDER THIS CHAPTER AS PROVIDED UNDER SECTION 90I.”.

10. Amend page 17, line 14, by striking out all of subsection (9) and inserting:

“(9) THE FUND SHALL NOT COMMIT, AND THE DEPARTMENT OF TREASURY SHALL NOT DISBURSE, AN AMOUNT OF TOTAL WITHHOLDING TAX CAPTURE REVENUES THAT EXCEEDS $200,000,000.00, WHICH INCLUDES THE 5% PAYMENT FOR ADMINISTRATIVE EXPENSES AS PROVIDED IN SECTION 90I. THE FUND SHALL NOT EXECUTE MORE THAN 15 NEW WRITTEN AGREEMENTS EACH CALENDAR YEAR FOR AUTHORIZED BUSINESSES. IF THE FUND APPROVES FEWER THAN 15 WRITTEN AGREEMENTS IN A CALENDAR YEAR, THEN ANY UNUSED WRITTEN AGREEMENTS SHALL CARRY FORWARD INTO FUTURE CALENDAR YEARS, AND SHALL BE IN ADDITION TO THE ANNUAL LIMIT THAT IS OTHERWISE APPLICABLE. FOR PURPOSES OF THIS SUBSECTION, “TOTAL WITHHOLDING TAX CAPTURE REVENUES” MEANS THE AGGREGATE AMOUNT OF WITHHOLDING TAX CAPTURE REVENUES THAT MAY BE DISTRIBUTED TO AUTHORIZED BUSINESSES UNDER ALL WRITTEN AGREEMENTS.”.

11. Amend page 18, following line 1, by inserting:

“(10) THE FUND SHALL NOT DESIGNATE AN AUTHORIZED BUSINESS OR ENTER INTO A NEW WRITTEN AGREEMENT ON OR AFTER DECEMBER 31, 2019.”.

12. Amend page 20, line 17, after “effect” by striking out “180” and inserting “30”.

The House of Representatives has passed the bill as amended, 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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 323 Yeas—29

Bieda Hopgood MacGregor Schmidt

Brandenburg Horn Marleau Schuitmaker

Casperson Johnson Meekhof Shirkey

Gregory Jones Nofs Stamas

Hansen Knezek O’Brien Warren

Hertel Knollenberg Proos Young

Hildenbrand Kowall Robertson Zorn

Hood

Nays—5

Colbeck Hune Pavlov Rocca

Emmons

Excused—4

Ananich Booher Conyers Green

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.

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. 243, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 711 (MCL 206.711), as amended by 2016 PA 158, and by adding section 51f.

The House of Representatives has amended the bill as follows:

1. Amend page 4, line 14, after “effect” by striking out “180” and inserting “30”.

The House of Representatives has passed the bill as amended, 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 amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 324 Yeas—29

Bieda Hopgood MacGregor Schmidt

Brandenburg Horn Marleau Schuitmaker

Casperson Johnson Meekhof Shirkey

Gregory Jones Nofs Stamas

Hansen Knezek O’Brien Warren

Hertel Knollenberg Proos Young

Hildenbrand Kowall Robertson Zorn

Hood

Nays—5

Colbeck Hune Pavlov Rocca

Emmons

Excused—4

Ananich Booher Conyers Green

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.

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. 244, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2015 PA 10.

The House of Representatives has amended the bill as follows:

1. Amend page 8, line 14, after “effect” by striking out “180” and inserting “30”.

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

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 amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 325 Yeas—30

Bieda Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Johnson Nofs Stamas

Gregory Jones O’Brien Warren

Hansen Knezek Proos Young

Hertel Knollenberg Robertson Zorn

Hildenbrand Kowall

Nays—4

Emmons Hune Pavlov Rocca

Excused—4

Ananich Booher Conyers Green

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.

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

Senate Bill No. 332, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2016 PA 452.

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. 474, entitled

A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 292 (MCL 560.292).

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.

By unanimous consent the Senate returned to the order of

Messages from the Governor

The following messages from the Governor were received:

Date: June 28, 2017

Time: 8:52 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 239 (Public Act No. 63), being

An act to amend 1925 PA 12, entitled “An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith,” (MCL 250.111 to 250.115) by adding section 3.

(Filed with the Secretary of State on June 28, 2017, at 11:28 a.m.)

Date: July 11, 2017

Time: 11:49 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 337 (Public Act No. 70), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 136.

(Filed with the Secretary of State on July 11, 2017, at 1:04 p.m.)

Date: July 11, 2017

Time: 11:51 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 368 (Public Act No. 71), being

(Filed with the Secretary of State on July 11, 2017, at 1:06 p.m.)

Date: July 11, 2017

Time: 11:53 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 338 (Public Act No. 72), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

(Filed with the Secretary of State on July 11, 2017, at 1:08 p.m.)

Date: July 11, 2017

Time: 11:55 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 369 (Public Act No. 73), being

(Filed with the Secretary of State on July 11, 2017, at 1:10 p.m.)

Date: July 11, 2017

Time: 12:09 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 159 (Public Act No. 80), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 722 (MCL 257.722), as amended by 2016 PA 72.

(Filed with the Secretary of State on July 11, 2017, at 1:24 p.m.)

Date: July 11, 2017

Time: 12:11 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 410 (Public Act No. 81), being

An act to amend 1978 PA 368, entitled “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,” by amending section 16226 (MCL 333.16226), as amended by 2016 PA 379.

(Filed with the Secretary of State on July 11, 2017, at 1:26 p.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on June 30, 2017, and read:

EXECUTIVE ORDER

No. 2017-5

State School Reform/Redesign Office

Department of Education

Department of Technology, Management and Budget

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and

WHEREAS, Section 1 of Article VIII of the Michigan Constitution of 1963 provides in part that schools and the means of education shall forever be encouraged; and

WHEREAS, Section 2 of Article VIII of the Michigan Constitution of 1963 provides in part that the legislature shall maintain and support a system of free public elementary and secondary schools as defined by law; and

WHEREAS, Section 3 of Article VIII of the Michigan Constitution of 1963 vests leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, in the State Board of Education; and

WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and

WHEREAS, the economic success of our state is dependent on having an educated and skilled citizenry that begins with every student having a quality education that prepares them for career and college readiness and success; and

WHEREAS, the State School Reform/Redesign Officer position and the State School Reform/Redesign School District were created by statute to advance improvement in Michigan’s lowest achieving public schools, as defined under state law; and

WHEREAS, on March 12, 2015, by Executive Order 2015-9, the State School Reform/Redesign Office was created as an autonomous entity within the Department of Technology, Management and Budget; and

WHEREAS, on March 12, 2015, by Executive Order 2015-9, the State School Reform/Redesign School District was transferred from the Department of Education to the State School Reform/Redesign Office; and

WHEREAS, on March 12, 2015, by Executive Order 2015-9, the State School Reform/Redesign Officer was transferred from the Department of Education to the State School Reform/Redesign Office; and

WHEREAS, the Superintendent of Public Instruction and the State School Reform/Redesign Officer have been working closely together in partnership to identify and improve the performance of low achieving schools designated in 2017 for possible closure; and

WHEREAS, transferring the State School Reform/Redesign Office to the Department of Education will ensure the efficient continuation of the work by the Superintendent of Public Instruction in conjunction with the State School Reform/Redesign Office.

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. “Department of Education” means the principal department of state government created under Section 300 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.400.

B. “Department of Technology, Management and Budget” means the principal department of state government created by Section 121 of the Management and Budget Act, 1984 PA 431, MCL 18.1121, and renamed the Department of Technology, Management and Budget under Executive Order 2009-55, MCL 18.441.

C. “State Board of Education” means the board created under Section 3, Article VIII, of the Michigan Constitution of 1963.

D. “State Budget Director’’ means the individual appointed by the Governor pursuant to Section 321 of the Management and Budget Act, 1984 PA 431, MCL 18.1321, and Executive Order 2009-55, MCL 18.441.

E. “State School Reform/Redesign School District” means the school district created under Section 1280c(6) of the Revised School Code, 1976 PA 451, MCL 380.1280c.

F. “State School Reform/Redesign Office” means the office created within the Department of Technology, Management and Budget under Executive Order 2015-9.

G. “State School Reform/Redesign Officer” means the officer described in Section 1280c(9) of the Revised School Code, 1976 PA 451, MCL 380.1280c, and authorized to act as the superintendent of the State School Reform/Redesign District under Section 1280c(6)(b) of the Revised School Code, 1976 PA 451, MCL 380.1280c.

H. “Superintendent of Public Instruction” means the principal executive officer of the Department of Education required under Section 3, Article VIII, of the Michigan Constitution of 1963.

II. TRANSFER OF THE STATE SCHOOL REFORM/REDESIGN OFFICE

A. The State School Reform/Redesign Office, including but not limited to the State School Reform/Redesign School District and the State School Reform/Redesign Officer, is transferred from the Department of Technology, Management and Budget to the Department of Education.

B. All authority, powers, duties, functions, and responsibilities under Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c, that were transferred from the Department of Education to the State School Reform/Redesign Office by Executive Order 2015-9, are transferred back to the Department of Education with the transfer of the State School Reform/Redesign Office from the Department of Technology, Management and Budget to the Department of Education.

C. All authority, powers, duties, functions, and responsibilities under Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c, and Section 15(6) of 1947 PA 336, MCL 423.215, that were transferred from the Superintendent of Public Instruction to the State School Reform/Redesign Office by Executive Order 2015-9, are transferred back to the Superintendent of Public Instruction with the transfer of the State School Reform/Redesign Office from the Department of Technology, Management and Budget to the Department of Education.

D. All of the following authority, powers, duties, functions, and responsibilities that were transferred from the Superintendent of Public Instruction to the State School Reform/Redesign Office by Executive Order 2015-9 are transferred back to the Superintendent of Public Instruction with the transfer of the State School Reform/Redesign Office from the Department of Technology, Management and Budget to the Department of Education:

1. Determining that a public school academy that has been operating for at least 4 years is among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, is in year 2 of restructuring sanctions under the No Child Left Behind Act of 2001, Public Law 107-110, not to include the individualized education plan subgroup, and is not currently undergoing reconstitution under Section 507 of the Revised School Code, 1976 PA 451, MCL 380.507, and notifying the public school academy’s authorizing body under Section 507(5) of the Revised School Code, 1976 PA 451, MCL 380.507, of that determination.

2. Determining that an urban high school academy that has been operating for at least 4 years is among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111‑5, is in year 2 of restructuring sanctions under the No Child Left Behind Act of 2001, Public Law 107-110, not to include the individualized education plan subgroup, and is not currently undergoing reconstitution under Section 528 of the Revised School Code, 1976 PA 451, MCL 380.528, and notifying the urban high school academy’s authorizing body under Section 528(5) of the Revised School Code, 1976 PA 451, MCL 380.528, of that determination.

3. Determining that a school of excellence serving a special student population that has been operating for at least 4 years is among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, is in year 2 of restructuring sanctions under the No Child Left Behind Act of 2001, Public Law 107-110, not to include the individualized education plan subgroup, and is not currently undergoing reconstitution under Section 561 of the Revised School Code, 1976 PA 451, MCL 380.561, and notifying the school of excellence’s authorizing body under Section 561 of the Revised School Code, 1976 PA 451, MCL 380.561, of that determination.

E. Paragraph III.B of Executive Order 2015-9 is rescinded. The State School Reform/Redesign Officer transferred back to the Department of Education with the transfer of the State School Reform/Redesign Office from the Department of Technology, Management and Budget to the Department of Education shall have the status, powers, and responsibilities set forth in Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c.

III. IMPLEMENTATION

A. Any records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the State School Reform/Redesign Office for the authority, powers, duties, functions, and responsibilities transferred under this Order are transferred with the Office to the Department of Education.

B. The Superintendent of Public Instruction, after consultation with the Director of the Department of Technology, Management and Budget, shall provide executive direction and supervision for the implementation of the transfers under this Order. The assigned functions shall be administered under the direction and supervision of the Superintendent of Public Instruction. The Superintendent of Public Instruction shall make internal organizational changes as may be administratively necessary to complete the realignment of functions and responsibilities by this Order pursuant to MCL 16.107.

C. The Director of the Department of Technology, Management and Budget and the Superintendent of Public Instruction shall immediately initiate coordination to facilitate the transfers under this Order and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved.

D. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system necessary for the implementation of this Order.

IV. MISCELLANEOUS

A. All rules, orders, contracts, plans, and agreements relating to the functions and responsibilities transferred by this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or rescinded.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding involving any entity affected by this Order may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective on 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 30th day of June, in the Year of our Lord Two Thousand Seventeen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

June 2, 2017

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

Michigan Historical Commission

Laura R. Ashlee of 1931 Yuma Trail, Okemos, Michigan 48864, county of Ingham, representing the general public, succeeding Kimberly Johnson, is appointed for a term expiring May 21, 2021.

Eric P. Hemenway of 780 Ottawa Street, Harbor Springs, Michigan 49740, county of Emmet, representing the general public, succeeding Joan Capuano, is appointed for a term expiring May 21, 2021.

June 8, 2017

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

Detroit Regional Convention Facility Authority

Larry D. Alexander of 3708 Crestwood Drive, Auburn Hills, Michigan 48326, county of Oakland, succeeding himself, is reappointed for a term expiring August 31, 2022.

June 8, 2017

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

Michigan Indigent Defense Commission

Joseph H. Haveman of 151 Sorrento Drive, Holland, Michigan 49423, county of Ottawa, nominee of the Speaker of the House, succeeding Richard Lindsey, is appointed for a term expiring April 1, 2021.

Thomas McMillin of 1261 Oakwood Court, Rochester Hills, Michigan 48307, county of Oakland, nominee of the Speaker of the House, succeeding himself, is reappointed for a term expiring April 1, 2021.

June 8, 2017

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

Board of Law Examiners

Eric J. Pelton of 3260 Kernway Court, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding himself, is reappointed for a term expiring June 30, 2022.

June 8, 2017

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

Midwestern Higher Education Compact

David L. Eisler of 23285 Timber Ridge Drive, Big Rapids, Michigan 49307, county of Mecosta, representing members at large, succeeding himself, is reappointed for a term expiring March 18, 2021.

Bill Pink of 203 N. Grayfield Court, S.E., Ada, Michigan 49301, county of Kent, representing members at large, succeeding Stephen Ender, is appointed for a term expiring March 18, 2019.

Tyler Sawher of 5935 MacMillan Way, Lansing, Michigan 48911, county of Ingham, designee of the Governor of Michigan, is appointed for a term expiring at the pleasure of the Governor.

June 8, 2017

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

Saginaw Valley State University Board of Control

Luis G. Canales of 31 E. Hannum Boulevard, Saginaw, Michigan 48602, county of Saginaw, succeeding Cathy Ferguson, is appointed for a term commencing July 22, 2017 and expiring July 21, 2025.

JoAnn T. Crary of 8 Trillium Court, Frankenmuth, Michigan 48734, county of Saginaw, succeeding David Gamez, is appointed for a term commencing July 22, 2017 and expiring July 21, 2025.

June 8, 2017

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

Michigan Veterans’ Trust Fund Board of Directors

Edward H. Hirsch of 25017 Lyncastle Drive, Farmington Hills, Michigan 48336, county of Oakland, representing Jewish war veterans as any other congressionally chartered veterans’ organization not mentioned in PA 9 of 1946, succeeding Ed Fore, is appointed for a term expiring February 25, 2020.

June 12, 2017

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

Michigan Compensation Appellate Commission

Danielle M. Brown of 811-06 Montevideo Street, Lansing, Michigan 48917, county of Eaton, succeeding herself, is reappointed for a term commencing August 1, 2017 and expiring July 31, 2021.

Phillip A. Hendges of 2415 Devonshire Drive, Lansing, Michigan 48910, county of Ingham, succeeding himself, is reappointed for a term commencing August 1, 2017 and expiring July 31, 2021.

June 12, 2017

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

Michigan Capitol Committee

Brian Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, succeeding himself, is reappointed for a term expiring January 24, 2019.

Elizabeth Clement of 1525 Stanlake Drive, East Lansing, Michigan 48823, county of Ingham, succeeding herself, is reappointed for a term expiring January 24, 2019.

Darin Ackerman of 916 Riverside Drive, Portland, Michigan 48875, county of Ionia, succeeding himself, is reappointed for a term expiring January 24, 2019.

Marsha Quebbeman of 3910 Bayberry Lane, Lansing, Michigan 48911, county of Ingham, succeeding herself, is reappointed for a term expiring January 24, 2019.

June 16, 2017

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

Michigan State Board of Accountancy

Stephanie W. Bergeron of 675 Pierce Street, Birmingham, Michigan 48009, county of Oakland, representing certified public accountants, succeeding Richard Bergeron, is appointed for a term expiring June 30, 2021.

Jennifer Kluge of 47 Webber Place, Grosse Pointe, Michigan 48236, county of Wayne, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2021.

Ola M. Smith of 3346 Wickshire Lane, Kalamazoo, Michigan 49009, county of Kalamazoo, representing certified public accountants, succeeding herself, is reappointed for a term expiring June 30, 2021.

June 26, 2017

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

Michigan Board of Nursing

Jackeline Iseler of 874 Washtenaw Street, N.E., Grand Rapids, Michigan 49505, county of Kent, representing clinical nurse specialists, is appointed for a term expiring June 30, 2018.

Tiffany McDonald of 1069 Elodie Drive, Flint, Michigan 48532, county of Genesee, representing licensed practical nurses, succeeding herself, is reappointed for a term expiring June 30, 2019.

Glenn O’Connor of 622 N. Renaud Street, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing nurse anesthetists, succeeding himself, is reappointed for a term expiring June 30, 2021.

Alana Thomas of 1005 Pendleton Avenue, Lansing, Michigan 48917, county of Ingham, representing licensed practical nurses, succeeding Elaine Stefanski, is appointed for a term expiring June 30, 2019.

June 26, 2017

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

Michigan Board of Nursing Home Administrators

Ricky Ackerman of 1303 Old Oak Hill Drive, Ada, Michigan 49301, county of Kent, representing nursing home administrators, succeeding himself, is reappointed for a term expiring June 30, 2021.

June 26, 2017

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

Michigan Board of Podiatric Medicine and Surgery

Vicki M. Anton-Athens of 29113 East River Road, Grosse Ile, Michigan 48138, county of Wayne, representing podiatrists, succeeding herself, is reappointed for a term expiring June 30, 2021.

June 30, 2017

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

Unmanned Aircraft Systems Task Force

Corbett C. Adkins of 6954 S. Hilbrand, McBain, Michigan 49657, county of Missaukee, representing a member of a statewide broadcaster’s association, nominated by the president of the association, is appointed for a term expiring July 31, 2021.

Craig P. Amey of 6164 Cavandish Court, Shelby Township, Michigan 48316, county of Macomb, representing a member of a statewide surveying association, nominated by the president of the association, is appointed for a term expiring July 31, 2020.

Scott T. Baldwin of 3660 Vineyard Lane, Fort Gratiot Township, Michigan 48059, county of Saint Clair, representing county sheriffs, nominated by the president of the Michigan Sheriffs’ Association, is appointed for a term expiring July 31, 2018.

Andrew Bordine of 4530 Sid Drive, Jackson, Michigan 49201, county of Jackson, representing a member who is knowledgeable with the operation of public utilities who represents public utilities in the Lower Peninsula, is appointed for a term expiring July 31, 2021.

Bradley T. Chambers of 1510 Cadotte Avenue, P.O. Box 1243, Mackinac Island, Michigan 49757, county of Mackinac, representing the city of Mackinac Island, is appointed for a term expiring July 31, 2021.

Daniel J. Coffey of 4110 Creek Drive, New Buffalo, Michigan 49117, county of Berrien, representing a member of a statewide association that represents real estate brokers licensed in this state, nominated by the president of the association, is appointed for a term expiring July 31, 2019.

Jon Cool of 1567 Hillsboro Avenue, S.E., Grand Rapids, Michigan 49546, county of Kent, representing a member of a statewide freight railroad association, nominated by the president of the association, is appointed for a term expiring July 31, 2018.

Julia Dale of 2599 Horstmeyer Road, Lansing, Michigan 48911, county of Ingham, representing a member from the Michigan Department of Licensing and Regulatory Affairs, nominated by the director of LARA, is appointed for a term expiring July 31, 2021.

Charles D. Drayton of 815 Linwood Avenue, St. Paul, Minnesota 55105, representing persons that operate key facilities, is appointed for a term expiring July 31, 2019.

Eric Ebenstein of 5109 King David Boulevard, Annandale, Virginia 22003, representing a member who is an unmanned aircraft systems manufacturing industry representative, is appointed for a term expiring July 31, 2019.

John F. Flanagan of 1216 Marriet Court, Midland, Michigan 48640, county of Midland, representing a member of a statewide manufacturing trade association, nominated by the president or the CEO of the association, is appointed for a term expiring July 31, 2019.

Thomas G. Harrell of 7896 Lake Bluff 19.4 Road, Gladstone, Michigan 49837, county of Delta, representing a member who is knowledgeable about the operation of public utilities who represents public utilities in the Upper Peninsula, nominated by the chairman of the Michigan Public Service Commission, is appointed for a term expiring July 31, 2021.

John P. Hill of 10693 N. Long Lake Road, Traverse City, Michigan 49685, county of Grand Traverse, representing a member from the Department of Agriculture and Rural Development, nominated by the director of MDARD, is appointed for a term expiring July 31, 2019.

Kevin R. Jacobs of 400 W. Maplehurst Drive, Roscommon, Michigan 48653, county of Roscommon, representing a member from the Michigan Department of Natural Resources, nominated by the director of the DNR, is appointed for a term expiring July 31, 2021.

Christopher J. Johnson of 312 W. Main Street, Northville, Michigan 48167, county of Wayne, representing a member from the Michigan Municipal League, nominated by the executive director of the MML, is appointed for a term expiring July 31, 2019.

Katie A. Jones of 9767 Meadow View Court, Northville, Michigan 48167, county of Washtenaw, representing a member of a statewide property and casualty insurance association, nominated by the president or the CEO of the association, is appointed for a term expiring July 31, 2018.

Richard D. Kathrens of 8040 McIntosh Road, Saint Johns, Michigan 48879, county of Clinton, representing a member from the division of the Michigan Department of Transportation that performs bridge inspections and road work, nominated by the director of MDARD, is appointed for a term expiring July 31, 2020.

Kevin C. Klein of 4670 Arbor Latch Drive, Traverse City, Michigan 49685, county of Grand Traverse, representing airports in this state, nominated by the director of the Michigan Department of Transportation, is appointed for a term expiring July 31, 2020.

Kevin Lindsey of 6920 Springport Road, Jackson, Michigan 49201, county of Jackson, representing a member from the Michigan Department of Corrections, nominated by the director of the DOC, is appointed for a term expiring July 31, 2021.

Greg MacMaster of 5966 Beaver Creek Trail, Kewadin, Michigan 49648, county of Antrim, representing a member who is licensed by the Federal Aviation Administration to operate an unmanned aircraft that weighs less than 55 pounds, is appointed for a term expiring July 31, 2020.

Michael C. Olson of 135 Abram Avenue, Battle Creek, Michigan 49015, county of Calhoun, representing a law enforcement official from a municipality, nominated by a statewide police chief’s association, is appointed for a term expiring July 31, 2018.

Susan Roberts of 2649 Hampshire Boulevard, S.E., Grand Rapids, Michigan 49506, county of Kent, representing a member who is an unmanned aircraft systems technical commercial representative, is appointed for a term expiring July 31, 2018.

Matthew Rogers of 6161 12 Mile Road, N.E., Rockford, Michigan 49341, county of Kent, representing a member from the Department of State Police, nominated by the director of the MSP, is appointed for a term expiring July 31, 2021.

Thomas B. Scott of 4291 Cherry Hill Drive, Okemos, Michigan 48864, county of Ingham, representing a member of a statewide retail association, nominated by the president of the association, is appointed for a term expiring July 31, 2020.

Robert J. Sweeney of 380 Charles Mulcrone Boulevard, St. Ignace, Michigan 49781, county of Mackinac, representing a member nominated by the Mackinac Bridge Authority, is appointed for a term expiring July 31, 2018.

Michael G. Trout of 6534 North Shore, Clarklake, Michigan 49234, county of Jackson, representing a member from the Michigan Department of Transportation, nominated by the director of MDOT, is appointed for a term expiring July 31, 2020.

July 10, 2017

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

Michigan State Housing Development Authority

Luke Terry of 6309 Quail Street, Haslett, Michigan 48840, county of Ingham, representing Independents, succeeding Alexander Simpson, is appointed for a term expiring March 10, 2019.

July 11, 2017

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

Michigan Strategic Fund Board of Directors

Jeffery Mason of 15305 Club Course Drive, Bath, Michigan 48808, county of Clinton, is appointed to serve as Chairperson of the MSF Board of Directors and President of the Michigan Strategic Fund, succeeding Steve Arwood, for a term commencing July 11, 2017 and expiring at the pleasure of the Governor.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

The following message from the Governor was received and read:

VEHICLES; FUND-RAISING REGISTRATION PLATE FOR

CHOOSE LIFE MICHIGAN FUND; CREATE

June 30, 2017

Today I vetoed Senate Bill 163. This legislation is more emotionally and politically charged than most.

SB 163 would create the “Choose Life” fundraising license plate, the proceeds of which would go to the Choose Life Fund. Money from that fund would then be disbursed from the state to the private Choose Michigan Life Fund, which will in turn distribute funds to eligible nonprofit organizations of its choosing, such as crisis pregnancy centers, homes for pregnant women, and other organizations that provide support to pregnant women, outreach to at-risk populations, and promote alternatives to abortion. These are noble causes; but, having a private fund making funding decisions is a concern.

But SB 163 is not about a license plate; it’s about the State of Michigan making a political statement. And that statement arouses strong emotional reaction that divides the residents of this state.

In 2015, the Supreme Court of the United States ruled that when a state issues a specialty license plate, the state itself is speaking. (Walker v Tex Div, Sons of Confederate Veterans, Inc., 576 US ___; 192 L Ed 2d 274 [2015]) And as a speaker, it is free to choose its message. The Supreme Court noted that “[w]hen the government speaks it is entitled to promote a program, to espouse a policy, or to take a position. In doing so, it represents its citizens and it carries out its duties on their behalf.”

The “Choose Life” license plate is a political message that has the potential to bitterly divide millions of Michiganders and that, in my view, is not appropriate for a state-issued license plate.

Sincerely,

Rick Snyder

Governor

This bill was returned from the Governor on June 30, 2017, at 10:51 a.m.

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Senator Kowall moved that the veto message be referred to the Committee on Government Operations.

The motion prevailed.

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. 36

House Concurrent Resolution No. 3

The motion prevailed.

Senator Kowall offered the following resolution:

Senate Resolution No. 78.

A resolution to commemorate August 2017 as Meningococcal Immunization Awareness Month.

Whereas, Meningococcal disease is any infection caused by the bacterium Neisseria meningitides, or meningococcus. Neisseria meningitides bacteria can cause illness and spread through respiratory secretion; and

Whereas, In the United States, there are approximately 1,000-1,200 cases of meningococcal disease annually and 10-15 percent of infected individuals will die. Eleven to 19 percent of those who live will suffer from serious morbidity, including loss of limbs and impacts to the nervous system; and

Whereas, There have been several recent outbreaks of serogroup B meningococcal disease on college campuses, with some cases resulting in death. Emily Nicole Stillman was a 19-year-old sophomore at Kalamazoo College in February of 2013 when she contracted serogroup B meningococcal disease. Within 36 hours of calling home from her dorm room with a headache, she was brain dead. The vaccine that would have protected her was not yet available in the United States. Her family is committed to educating others about the disease to prevent other unnecessary deaths; and

Whereas, The Centers for Disease Control and Prevention recommends that decisions to vaccinate 16-23 year olds against serogroup B meningococcal disease should be made at the individual level. It is critical that students, parents, educators, and health care providers understand the dangers of meningitis B and are aware that a vaccine is available to prevent disease; now; therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate August 2017 as Meningococcal Immunization Awareness Month in the state of Michigan. We encourage high schools, colleges, and universities in Michigan to provide information to all students and parents about meningococcal disease.

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 Bieda, Hansen, Marleau, Proos, Schmidt and Zorn were named co‑sponsors of the resolution.

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:

Meningococcal disease is any infection caused by the bacterium Neisseria meningitides, or meningococcus. This illness can cause widespread disease throughout the respiratory system.

There have been several recent outbreaks of serogroup B meningococcal disease on college campuses, with some cases resulting in death. Emily Nicole Stillman from my district was a 19-year-old sophomore at Kalamazoo College in February 2013 when she contracted serogroup B meningococcal disease. Within 36 hours of calling home from her dorm with headaches, she was brain dead. The vaccine that would have protected her was not yet available in the United States. Her family is committed to educating others about this disease to prevent other unnecessary deaths.

The Centers for Disease Control recommend that decisions to vaccinate 16-23 year olds against serogroup B meningococcal disease should be made available at the individual level. It is critical that students, parents, educators, and health care providers understand the dangers of meningitis B and are aware that a vaccine is available to prevent disease.

I encourage high schools, colleges, and universities in Michigan to provide information to all students and parents about meningococcal disease.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 3:50 p.m.

4:00 p.m.

The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.

Introduction and Referral of Bills

Senators Warren and Hertel introduced

Senate Joint Resolution L, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 1 of article II, to provide that at a primary election a citizen who will be 18 years of age on or before the date of the next November election and who is otherwise qualified to vote may vote at that primary election.

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

Senators Knollenberg, Rocca, Zorn, Gregory, Knezek, Brandenburg, O’Brien and Nofs introduced

Senate Bill No. 502, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803f (MCL 257.803f), as amended by 1998 PA 68.

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

Senators Hopgood, Jones, Gregory, Hood, Conyers and Rocca introduced

Senate Bill No. 503, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11514 (MCL 324.11514), as amended by 2008 PA 394, and by adding section 11131.

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

Senators Hopgood, Gregory, Hood, Conyers and Rocca introduced

Senate Bill No. 504, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11118a and 11125 (MCL 324.11118a and 324.11125), as amended by 2010 PA 357.

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

Senators Warren, Bieda and Hertel introduced

Senate Bill No. 505, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2017 PA 32 and section 315 as amended by 2008 PA 7.

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

Senators Warren, Bieda and Hertel introduced

Senate Bill No. 506, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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

Senators Warren, Bieda and Hertel introduced

Senate Bill No. 507, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

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

Senators Warren, Hopgood, Gregory, Hood and Bieda introduced

Senate Bill No. 508, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, 14707, and 14709.

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

Senator Hertel introduced

Senate Bill No. 509, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 10a.

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

Senator Jones introduced

Senate Bill No. 510, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732 (MCL 257.732), as amended by 2015 PA 11.

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

Senators MacGregor, Schmidt, Horn, Proos, Marleau, Zorn, Gregory, Conyers, Hansen and Brandenburg introduced

Senate Bill No. 511, entitled

A bill to create the Michigan first-time home buyer savings program; to provide for first-time home buyer savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax deductions; and to provide for penalties and remedies.

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

Senators Horn, Schmidt, Proos, Marleau, Zorn, Gregory, Conyers, Hansen and Brandenburg introduced

Senate Bill No. 512, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.

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

Statements

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

The motion prevailed.

Senator Bieda’s statement is as follows:

I’d just like to take a couple of minutes to honor the work of Edward Deeb. He is a constituent who works in my district and he’s the founder and chairman of Metro Detroit Youth Days. Today, myself and several of my colleagues would have been joining them on their 35th annual Metro Detroit Youth Day on Belle Isle in Detroit. Metro Detroit Youth Day provides an opportunity for youth to participate in constructive activities outside their immediate home areas. Metro Detroit Youth Day brings together the total community and the private sector to enhance community relationships and improve community harmony.

Edward has dedicated his time to aiding children who are the hope of the future. He founded the Michigan Youth Appreciation Foundation and the Metro Detroit Youth Day, where he volunteers to coordinate Metro Detroit Youth Day each and every year for the last 35 years. His tireless efforts to improve the quality of life for his community and the businesses he advocates for serve as an example for us all.

This year, Ed is also celebrating his 56th anniversary of being an active spokesman for the business community in Michigan, particularly southeast Michigan, as well as across the country. Edward founded the Michigan Food and Beverage Association, which is headquartered in Warren, and the Michigan Business and Professional Association. He serves as the chairman emeritus of the Eastern Markets Association. Considered the dean of association executives, Edward has served as a tireless voice for Michigan businesses, large and small, and helped resolve any issues that arise between merchants and residents.

Edward’s efforts have garnered considerable praise, including the 477th Point of Light Award from President George H.W. Bush and the Points of Light Foundation, Michiganian of the Year from the Detroit News, and the Director’s Community Service Award from former FBI Director Robert Mueller.

Edward is a graduate of Eastern High School in Detroit where he is inducted into their Hall of Fame. He also graduated from Michigan State University and is a veteran of the U.S. Air Force and Air Force Reserve. He has demonstrated hard work and dedication over his 56 years of advocacy for the business community of Michigan. I just want to commend Ed and his team for their 35th anniversary of Metro Detroit Youth Day.

Senator Colbeck’s statement is as follows:

In today’s society it is pretty easy to find topics that divide people, but it’s much more difficult to find topics that unite. But I’m happy to report that I have found one—Direct Primary Care Services. Many of you are aware of my years of advocacy on behalf of Direct Primary Care Services. Direct Primary Care can save over 20 percent on total health care costs, provide Medicaid enrollees with better access to primary care physicians, and improve the overall quality of care via preventive care.

I’ve been working with physicians who are free market advocates in Michigan and across the nation to expand the availability of the Direct Primary Care Service model to all Michigan residents, including those unable to afford private insurance. A couple of months ago, one of these physicians, Dr. Chad Savage, participated in a forum hosted by the Grand Rapids United Progressives. Yep, you heard me right. A free market health care advocate and progressive health care advocates participating in the same forum. Do you know what was even more amazing than that? They found common ground. What was that common ground? They both applauded the importance of Direct Primary Care Services in our health care system.

Do you know where else there is agreement on the importance of Direct Primary Care Services? Our federal government. In an environment where it has been difficult to find agreement on any policy regarding health care, Direct Primary Care is the exception. In fact, President Trump’s budget proposal features a Direct Primary Care Medicaid initiative, and $100 billion in funding for stability and innovation grants to states. Thanks to the support of many of my colleagues in this body and the body across the hall, Michigan just so happens to have an innovated DPCS Medicaid pilot that should help stabilize our out-of-control Medicaid spending. In other words, the DPCS Medicaid pilot passed by the House and Senate is an ideal candidate for these federal grants.

In order to truly take advantage of this newfound appreciation for state-based innovations and provide long-term stability such as Medicaid, it is important to provide states like Michigan with long-term flexibility on how to best address the health care needs of our citizens. Our current Medicaid funding assistance from the federal government comes with a lot of strings. As of February 23, 2017, there were 1,337 rules, 1,130 proposed rules in the queue, and 3,377 notices for state Medicaid authorities to abide by. These strings significantly impair the ability of states to innovate.

One of these hidden strings is a barrier to getting reimbursed for patients using Direct Primary Care Services from doctors from the Centers for Medicare and Medicaid Service (CMS). How can we cut this string? By issuing Medicaid block grants to states free of regulatory strings. However, we need to be careful with the term block grants as not all block grants are the same.

One version of block grants is referred to as per capita block grants. Per capita block grants would appropriate a flat, capitated amount per Medicaid enrollee to the state. Per capita block grants are a bad idea because they incentivize states to add more people to the Medicaid rolls. How do they do that? At an FMAP rate of around 65 percent, the state would receive roughly $2.00 from the federal government for every $1.00 of state funding. By encouraging states to seek free federal money by growing their Medicaid rolls, this approach does not stabilize Medicaid spending at the state or at the federal level.

Another version of block grants is referred to as a lump sum block grant. Under this approach, states would receive a block grant of Medicaid funds equal to the previous year plus some inflationary adjustment. Under this type of Medicaid block grant, Michigan would receive roughly $12 billion each year without the federal strings. This approach incentivizes states to find ways to decrease the number of Medicaid enrollees, either by promoting employment of Medicaid eligible citizens in good paying jobs, or by lowering the cost of health care so that less people need financial assistance. Success would be measured on the basis of the number of Medicaid enrollees who no longer need government assistance. Furthermore, lump sum block grants would restrain the growth in federal Medicaid liabilities.

Now, if Michigan were to receive lump sum Medicaid block grants from the federal government, Direct Primary Care could help save taxpayers in access of $3.5 billion per year while providing all 2.4 million Medicaid enrollees with better care. No wonder there is common ground on Direct Primary Care for both progressives and free market advocates such as myself.

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.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Corrections submitted the following:

Joint meeting held on Wednesday, July 12, 2017, at 10:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Proos (C), Knollenberg and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary submitted the following:

Joint Meeting held on Wednesday, July 12, 2017, at 10:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Proos (C), Schuitmaker and Young

Scheduled Meetings

State Drug Treatment Court Advisory Committee - Tuesday, July 18, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 4:12 p.m.

Pursuant to House Concurrent Resolution No. 12, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, August 16, 2017, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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