No. 28

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2018

Senate Chamber, Lansing, Wednesday, March 14, 2018.

10:00 a.m.

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

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

Ananich—present Hood—present O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—excused Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Conyers—excused Knollenberg—present Schuitmaker—present

Emmons—present Kowall—present Shirkey—present

Green—present MacGregor—present Stamas—present

Gregory—present Marleau—present Warren—present

Hansen—present Meekhof—present Young—present

Hertel—present Nofs—present Zorn—present

Hildenbrand—present

Pastor Strick Strickland of Second Baptist Church of Kalamazoo offered the following invocation:

Most gracious and eternal heavenly Father God, we pause now and say “thank You” for this day. We thank You for every man and woman who represents their various delegations. We ask now, God, that You would continue to use them, guide them, and give them what they need, God, to come together on one accord.

God, we pray now and we come against any matters of division. We ask now that You would allow Your divine presence to invoke unity upon us; that Your will would ultimately be done. We pray this prayer: that You are continually glorified and that Your saints are edified.

In Jesus’ name, we pray. Amen.

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

Motions and Communications

Senators Bieda, O’Brien, Emmons, Green, Booher and Ananich entered the Senate Chamber.

Senator Kowall moved that Senators Hansen, Meekhof and Pavlov be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senators Meekhof and Pavlov entered the Senate Chamber.

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

The motion prevailed.

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

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. 30

Senate Resolution No. 105

Senate Concurrent Resolution No. 20

Senate Concurrent Resolution No. 21

The motion prevailed.

Senator Hansen entered the Senate Chamber.

Senators MacGregor, Conyers, Stamas, Zorn, Hertel, Hildenbrand, Proos, Hansen and Schmidt offered the following resolution:

Senate Resolution No. 142.

A resolution to declare March 14, 2018, as Hunger Solutions Day.

Whereas, The Food Bank Council of Michigan’s mission is to create a food secure state through advocacy, resource management, and collaboration among stakeholders and Michigan’s unified food bank network; and

Whereas, There are 15.1 percent of Michigan residents regularly facing hunger in their households and 18 percent who do not have a consistent source of healthy and nutritious food; and

Whereas, The Food Bank Council of Michigan represents regional food banks that serve all 83 counties in Michigan; and

Whereas, Michigan food banks distribute food and resources to direct service agencies including pantries, after school programs, and senior centers; and

Whereas, Michigan food banks coordinate outreach and educational programs throughout the year to promote healthy and responsible choices that affect hunger; and

Whereas, The Food Bank Council of Michigan coordinates surplus donations from Michigan farmers in order to make available fresh and nutritious produce into the emergency food system; and

Whereas, The Food Bank Council of Michigan coordinates the statewide food and fund drive; and

Whereas, The Michigan Harvest Gathering has secured nearly 76 million meals since 1991; and

Whereas, The Food Bank Council of Michigan and Michigan food banks are committed to increasing access to nutritious food through programs and food distribution services; and

Whereas, The Food Bank Council of Michigan advocates for policy in support of food security for all Michigan residents; and

Whereas, The state of Michigan can be proud to encourage the collaborative and innovative strategies which bring food security to families, individuals, and communities that are desperately in need of support; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare March 14, 2018, as Hunger Solutions Day.

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, Booher, Green, Hood, Hopgood, Horn, Knollenberg, Kowall, Ananich and were named co‑sponsors of the resolution.

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

Senate Resolution No. 143.

A resolution to call on the President and Congress of the United States to approve a federal infrastructure investment plan that prioritizes American workers, American materials, and independent American funding, without increasing the tax burden on middle-class families.

Whereas, The American Society of Civil Engineers (ASCE) found that the United States needs an investment of approximately $2 trillion over the next decade to improve our national infrastructure, including transportation, water, and energy systems; and

Whereas, Michigan’s infrastructure needs are substantial and costly to Michigan’s residents and businesses. The 2017 ASCE Infrastructure Report Card noted:

…driving on roads in need of repair in Michigan costs each driver $540 per year, and 11.1% of bridges are rated structurally deficient. Drinking water needs in Michigan are an estimated $13.8 billion, and wastewater needs total $2.07 billion. 88 dams are considered to be high-hazard potential.

Governor Rick Snyder’s 21st Century Infrastructure Commission reported that Michigan should be spending $4 billion more a year on infrastructure needs; and

Whereas, Studies have shown that significant investment in infrastructure improvement increases productivity and has a positive impact on job growth and increased wages. However, we must ensure that any national infrastructure investment plan protects the interests of our nation and its citizens; and

Whereas, The benefits of infrastructure investments to Americans can be negated if foreign materials and workers are used. Despite the President’s claims about not using foreign steel for projects, it has been reported that some major pipelines will continue to rely on Chinese steel; and

Whereas, Our nation’s critical public infrastructure must remain free from corruption and potential foreign influence and control. The President’s recently announced infrastructure proposal reportedly includes a $40 billion investment in U.S. infrastructure from Saudi Arabia and other unidentified investors; now, therefore, be it

Resolved by the Senate, That we call upon the President and Congress of the United States to approve a federal infrastructure investment plan no later than March 30, 2018; and be it further

Resolved, That we strongly urge that the plan:

1) Is not primarily funded by increased state and local taxes and fees on middle-class families or through investments by private funders with connections to the President;

2) Includes the strongest possible provisions to prioritize the hiring of American workers and the use of American materials so that any federally-funded infrastructure investment in Michigan will give preference in hiring first to skilled Michigan workers paid a fair wage and will prioritize using products made or grown in Michigan or America;

3) Ensures that any federally-funded infrastructure projects are not owned or primarily funded by a foreign country, unless that country shares a natural border with the United States; and

4) Does not weaken standards regarding public health and safety—like those standards addressing levels of dangerous substances in drinking water; and be it further

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

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

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Kowall moved that the resolution be referred to the Committee on Transportation.

The motion prevailed.

Senator Green was named co‑sponsor of the resolution.

Recess

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

The motion prevailed, the time being 10:11 a.m.

12:13 p.m.

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

During the recess, Senator Young entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 816, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2016 PA 184.

Senate Bill No. 817, entitled

A bill to establish the Michigan World War II Legacy Memorial fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5456, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30A.

Substitute (S-5).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 637, entitled

A bill to provide for the regulation by state or local authorities of the activities of wireless infrastructure providers and wireless services providers and of wireless facilities, wireless support structures, and utility poles; to regulate rates and fees concerning wireless facilities, wireless support structures, communication service provider pole attachments, and utility poles charged by state or local authorities and certain electric utilities; to provide for collocation of wireless facilities and of communications service provider pole attachments; to provide for use of rights-of-way; to regulate certain permitting processes and zoning reviews; to prohibit certain commercially discriminatory actions by state or local authorities and certain electric utilities; and to prohibit certain indemnification or insurance requirements.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 9, line 8, after “wireless” by striking out “service” and inserting “services”.

2. Amend page 10, line 15, after “poles.” by striking out the balance of the subsection.

3. Amend page 13, line 6, after “facilities” by striking out “other than authority poles and attachments” and inserting a comma and “other than authority poles, along with any attachments, or poles used for street lights, traffic signals, or other attachments necessary for public safety,”.

4. Amend page 14, line 15, after “subsection” by striking out “(4)” and inserting “(5)”.

5. Amend page 15, line 8, after “not” by striking out “required to be”.

6. Amend page 33, line 10, after “15” by inserting a comma and “a zoning approval process under section 17,”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 894, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2012 PA 389, and by adding section 515.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Messages from the House

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

Senate Bill No. 35

Senate Bill No. 551

The motion prevailed.

Senate Bill No. 590, entitled

A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 14a (MCL 42.14a), as amended by 2002 PA 230.

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. 591, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 22 of chapter IX (MCL 69.22), as amended by 1998 PA 254.

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. 592, entitled

A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 26 (MCL 78.26), as amended by 2011 PA 139.

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. 593, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4a (MCL 117.4a), as amended by 2002 PA 201.

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. 589, entitled

A bill to amend 1997 PA 55, entitled “Electric patrol vehicle act,” by amending sections 2, 4, 5, and 6 (MCL 257.1572, 257.1574, 257.1575, and 257.1576).

The House of Representatives has amended the bill as follows:

1. Amend page 2, line 14, after “IN” by striking out “SUBSECTION” and inserting “SUBSECTIONS”.

2. Amend page 2, line 14, after “(2)” by inserting “AND (3)”.

3. Amend page 3, line 8, after “(2)” by striking out “AN” and inserting “EXCEPT AS PROVIDED IN SUBSECTION (3), AN”.

4. Amend page 3, following line 22, by inserting:

(3) A POLITICAL SUBDIVISION MAY, BY ORDINANCE, EXEMPT AN ELECTRIC PATROL VEHICLE FROM SUBSECTION (1) OR (2).”.

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. 144 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

Third Reading of Bills

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

House Bill No. 5227

House Bill No. 5120

The motion prevailed.

The following bill was read a third time:

House Bill No. 5227, entitled

A bill to regulate the distribution and planting of seed potatoes; to prescribe the powers and duties of the department of agriculture and rural development; and to provide remedies and prescribe penalties.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 145 Yeas—34

Ananich Hildenbrand MacGregor Rocca

Bieda Hood Marleau Schmidt

Booher Hopgood Meekhof Schuitmaker

Brandenburg Horn Nofs Shirkey

Emmons Hune O’Brien Stamas

Green Jones Pavlov Warren

Gregory Knezek Proos Young

Hansen Knollenberg Robertson Zorn

Hertel Kowall

Nays—1

Colbeck

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5120, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 15a.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 146 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”.

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Motions and Communications

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.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Hertel, Conyers, Knezek, Young, Warren and Gregory introduced

Senate Bill No. 902, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1114 (MCL 436.2114), as amended by 2011 PA 27, and by adding section 1116.

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

House Bill No. 4084, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2015 PA 159.

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

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

House Bill No. 4643, entitled

A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending section 6 (MCL 207.526), as amended by 2015 PA 217.

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

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

House Bill No. 5394, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 9b.

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

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

House Bill No. 5609, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2024b (MCL 500.2024b), as added by 2005 PA 260.

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

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

Recess

Senator Kowall moved that the Senate recess until 3:30 p.m.

The motion prevailed, the time being 12:38 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien.

Recess

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

The motion prevailed, the time being 3:31 p.m.

5:58 p.m.

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

By unanimous consent the Senate returned to the order of

General Orders

Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knezek 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. 871, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2017 PA 79.

Senate Bill No. 878, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2012 PA 583.

Senate Bill No. 879, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2017 PA 74.

Senate Bill No. 425, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 509ii.

Senate Bill No. 426, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509m (MCL 168.509m), as amended by 2005 PA 71.

Senate Bill No. 427, entitled

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

Senate Bill No. 428, 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.

Senate Bill No. 429, entitled

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

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 872, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582, and by adding section 5851b.

Substitute (S-4).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 873, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 874, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 13 (MCL 722.633), as amended by 2002 PA 14.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

Senate Bill No. 875, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6431 (MCL 600.6431).

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 3, line 13, after “1,” by striking out “1993” and inserting “1997”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

Senate Bill No. 876, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6452 (MCL 600.6452).

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, line 16, by striking out “1993” and inserting “1997”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 877, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” (MCL 691.1401 to 691.1419) by adding section 7d.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 16, after “31,” by striking out “1992” and inserting “1996”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 880, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2017 PA 259.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 871

Senate Bill No. 872

Senate Bill No. 873

Senate Bill No. 874

Senate Bill No. 875

Senate Bill No. 876

Senate Bill No. 877

Senate Bill No. 878

Senate Bill No. 879

Senate Bill No. 880

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

The following bill was read a third time:

Senate Bill No. 871, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2017 PA 79.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 147 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator O’Brien’s statement is as follows:

I rise today proud of the Michigan Senate—proud that we are tackling justice and we are changing the future of many lives for the better.

It was nearly 20 years ago—in 1997—when Larissa Boyce came forward to report Larry Nassar. I can’t imagine how hard it was for her to do the right thing, only to be ignored, discounted, and attacked. For the next 20 years, hundreds if not thousands of young people were sexually assaulted by this pedophile. It took the courage of even more women—Rachael Denhollander, Sterling Riethman, Amanda Thomashow, Lindsey Lemke, Larissa, Jordyn Wieber, Aly Raisman, amongst others—who came forward and through the media, they were able to shine the light on a pedophile who successfully hid in the dark and sexually assaulted hundreds if not thousands of girls.

Many of you have listened to the survivors’ stories. They were important in identifying where Michigan is currently lacking in protecting our children and, in fact, is in the bottom-four of the nation. This package of bills delivers justice—justice for the children who have been sexually assaulted. Michigan is not a home to pedophiles. It is a place for children. We will protect you, defend you, and stand up for you. Our laws will ensure that mandated reporters do the right thing, and if they don’t, they will be held accountable. Our civil and criminal statute of limitations will now be expanded to assure that any future victims can hold their abusers and enablers accountable. Civil claims will also be retroactive to January 1, 1997, so that some survivors from the past can still seek justice. Additionally, we, the government, will not enjoy broad immunity from sexual assault litigation. Parents can be assured that we, the government, stand for protecting your children.

This package is comprehensive but is just a start. Sexual abuse is a serious crime. It impacts one out of five women who have been sexually abused as girls, and one out of 20 men who have been sexually abused as boys. Again, sadly, it’s usually our little girls who are most impacted.

But I want to thank you. I want to thank you on behalf of the survivors of Larry Nassar, all of the boys and girls who have been sexually violated, but most of all, I want to thank you for answering a question that has bothered me for so long, and that is a question that Rachael Denhollander asked: “How much is a little girl worth?” Today, with your “yes” vote, you are going to say she is priceless.

The following bill was read a third time:

Senate Bill No. 872, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582, and by adding section 5851b.

The question being on the passage of the bill,

Senator Colbeck offered the following amendments:

1. Amend page 4, line 26, by striking out all of line 26 through line 26 on page 5.

2. Amend page 5, line 27, by striking out “(4)” and inserting “(2)”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Colbeck requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 148 Yeas—9

Booher Hildenbrand Pavlov Shirkey

Colbeck MacGregor Schmidt Stamas

Emmons

Nays—26

Ananich Hood Kowall Robertson

Bieda Hopgood Marleau Rocca

Brandenburg Horn Meekhof Schuitmaker

Green Hune Nofs Warren

Gregory Jones O’Brien Young

Hansen Knezek Proos Zorn

Hertel Knollenberg

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 149 Yeas—28

Ananich Hood Kowall Rocca

Bieda Hopgood MacGregor Schmidt

Brandenburg Horn Meekhof Schuitmaker

Green Hune Nofs Stamas

Gregory Jones O’Brien Warren

Hansen Knezek Proos Young

Hertel Knollenberg Robertson Zorn

Nays—7

Booher Emmons Marleau Shirkey

Colbeck Hildenbrand Pavlov

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Colbeck moved that he be removed as co‑sponsor of the bill.

The motion prevailed.

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

The motion prevailed.

Senator Colbeck’s statement is as follows:

I rise in support of an amendment to remove the ex post facto provision of Senate Bill No. 872. I am a co‑sponsor of this legislation. I support the underlying premise of this legislation, but I, like each of you in this room, took an oath to support the Michigan Constitution. Article I, Section 10 of the Michigan Constitution prohibits the enactment of ex post facto law. Please note, this article does not discriminate between criminal and civil law. Other sections of the Constitution do differentiate between civil and criminal law. Article I, Section 10 does not do so. Therefore, the ex post facto provision of this bill violates the Constitution and needs to be removed.

Civil lawsuits would still be subject to the existing statute of limitations, so we’re not doing away with civil lawsuits. As for criminal lawsuits, Dr. Nassar has already been justly prosecuted and sentenced for his criminal acts. Our attention now needs to be focused upon safeguarding future generations from such acts, not enacting provisions that violate our Constitution. We need to make sure that we do not add our Constitution to Dr. Nassar’s list of victims.

I urge the adoption of this amendment to ensure compliance of this legislation with the provisions of the social compact that we all took an oath to support—our Constitution.

Senator Knezek’s statement is as follows:

I rise today in opposition to this amendment. It is so important that we maintain the retroactivity that is in this legislation today so that we can ensure that every single victim, every single survivor rather, has access to justice that they deserve. If my colleague who has offered this amendment wants to know why I feel so strongly about maintaining that retroactivity, I would ask that he walk out of this chamber and speak with the mothers of the survivors who are here today counting on us as a Senate to do the right thing.

I ask my colleagues to join me in opposing this amendment and defeat this amendment so that we can maintain the retroactivity that is so critical to the success of this legislation.

The following bill was read a third time:

Senate Bill No. 873, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 150 Yeas—34

Ananich Hertel Kowall Robertson

Bieda Hildenbrand MacGregor Rocca

Booher Hood Marleau Schmidt

Brandenburg Hopgood Meekhof Schuitmaker

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg

Nays—1

Shirkey

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 874, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 13 (MCL 722.633), as amended by 2002 PA 14.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 151 Yeas—34

Ananich Hertel Kowall Robertson

Bieda Hildenbrand MacGregor Rocca

Booher Hood Marleau Schmidt

Brandenburg Hopgood Meekhof Schuitmaker

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg

Nays—1

Shirkey

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 875, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6431 (MCL 600.6431).

The question being on the passage of the bill,

Senator Colbeck offered the following amendment:

1. Amend page 3, line 12, by striking out all of subsection (9) and renumbering the remaining subsection.

The amendment was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 152 Yeas—29

Ananich Hopgood MacGregor Schmidt

Bieda Horn Meekhof Schuitmaker

Brandenburg Hune Nofs Shirkey

Green Jones O’Brien Stamas

Gregory Knezek Proos Warren

Hansen Knollenberg Robertson Young

Hertel Kowall Rocca Zorn

Hood

Nays—6

Booher Emmons Marleau Pavlov

Colbeck Hildenbrand

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Colbeck moved that he be removed as co‑sponsor of the bill.

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 876, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6452 (MCL 600.6452).

The question being on the passage of the bill,

Senator Colbeck offered the following amendment:

1. Amend page 2, line 15, by striking out all of subsection (6) and renumbering the remaining subsection.

The amendment was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 153 Yeas—30

Ananich Hopgood Marleau Schmidt

Bieda Horn Meekhof Schuitmaker

Brandenburg Hune Nofs Shirkey

Green Jones O’Brien Stamas

Gregory Knezek Proos Warren

Hansen Knollenberg Robertson Young

Hertel Kowall Rocca Zorn

Hood MacGregor

Nays—5

Booher Emmons Hildenbrand Pavlov

Colbeck

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Colbeck moved that he be removed as co‑sponsor of the bill.

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 877, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” (MCL 691.1401 to 691.1419) by adding section 7d.

The question being on the passage of the bill,

Senator Colbeck offered the following amendment:

1. Amend page 2, line 15, by striking out all of subsection (3) and renumbering the remaining subsection.

The amendment was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 154 Yeas—28

Ananich Hood Kowall Rocca

Bieda Hopgood MacGregor Schmidt

Brandenburg Horn Meekhof Schuitmaker

Green Hune Nofs Stamas

Gregory Jones O’Brien Warren

Hansen Knezek Proos Young

Hertel Knollenberg Robertson Zorn

Nays—7

Booher Emmons Marleau Shirkey

Colbeck Hildenbrand Pavlov

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Colbeck moved that he be removed as co‑sponsor of the bill.

The motion prevailed.

Protest

Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 872, 875, 876, and 877 and moved that the statement he made during the discussion of Senate Bill No. 872 be printed as his reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statement is as follows:

It should come as no surprise to anybody in this room—I am voting “no” because this current version of this bill violates the Michigan Constitution, Article I, Section 10.

The following bill was read a third time:

Senate Bill No. 878, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2012 PA 583.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 155 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 879, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2017 PA 74.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 156 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 880, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2017 PA 259.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 157 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Casperson Conyers

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Bieda, Warren and Schuitmaker 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:

Colleagues, I know it has been a long day, but I wanted to acknowledge something that has been going on across this state, and actually, across this nation. Today was National School Walkout Day. I wanted to rise today to applaud the students at the schools in my district, and those across the state—and indeed, across the nation—for exercising their First Amendment right to free speech. There are lawmakers in this chamber with a variety of views and positions on the often polarizing issues related to guns. Some have experience handling firearms in the service, while others have never owned a gun. It’s no secret that we have our disagreements over which policies are best to curb gun violence in our schools, but today we must put aside those differences and stand with the students across our nation and say, “enough is enough.”

So, this morning at 10:00 a.m., these students took to the streets to take part in their civic duty. They went out for 17 minutes in honor of the 17 students who lost their lives in Parkland, Florida, but also, for lawmakers and for society as a whole, to hear their demands for actions—lawmakers who have basically offered nothing but thoughts and prayers. These brave students, many of whom will be eligible to vote, have studied the movements that came before them in their history and civics classes, perhaps from their parents and their grandparents as well. These are the next generation of voters, activists, and even lawmakers. As elected officials, we have a duty and an obligation to listen to them and act appropriately. For those of us who don’t act, they will be a driving force for change. I don’t think they’re going to rest until all students feel safe in their schools. I won’t rest and I hope you won’t either.

Today I stand with and applaud the student activists in our state for standing up for what they believe in and for being a driving force for change. Our time to act is now. We cannot afford to wait.

Senator Warren’s statement is as follows:

Like many of you, I have been both horrified and inspired by what I’ve heard over the past several months from the women and girls who survived horrific abuse that was committed by Larry Nassar and enabled by so many others. And then those women and girls bravely shared their stories in public, in the courthouses, and in the media. I have been surprised, however, to learn that many of these survivors have not had the opportunity to participate in this legislative process—in the process of developing legislation to address the egregious behavior that impacted them. Many of them have been left feeling unheard and ignored.

Earlier tonight, my Democratic colleagues and I took time to participate in a conference call with many of the Nassar survivors so that we could hear directly from them about what they wanted to see changed in Michigan law so that nothing like this can ever happen here again. We made a commitment that we were going to keep listening to them. I encouraged all of the survivors who were able to make the call tonight to remain in contact and to stay engaged in the legislative process as our work to protect all the survivors of sexual assault, domestic violence, and stalking continues. We want all of their voices to be heard. We need their stories to shape the policies of prevention.

Colleagues, I extend to each of you the same offer and the same challenge. We collectively need to amplify their brave voices in the Capitol and do everything we can to improve our state’s laws regarding sexual assault, domestic violence, and stalking. I appreciate the leadership of the Senator from the 20th District on these issues, and I truly appreciate that her remarks included acknowledging that this is only the beginning.

I hope that our commitment to these critical issues won’t end tonight but, rather, we will all stay engaged on these topics and work together in the weeks and months to come. Most of all, I hope we will allow ourselves to be guided by the incredible strength of those who know exactly what it means to be a survivor.

Senator Schuitmaker’s statement is as follows:

I rise to address the numerous protests taking place across our states. Students are leaving classrooms with the encouragement from teachers and school administrators. We must think about the message this sends to our society and the type of culture this perpetuates.

The tragic murder of fourteen students and three adults in Parkland, Florida should never have happened. A student struggling with mental health issues and a history of violence was not properly helped nor held accountable. I encourage my colleagues and fellow citizens to listen to the words of Ryan Petty, the father of one of the students killed in the shooting at Marjory Stoneman Douglas High School last month. Rather than walking out he is encouraging students to walk up. He said, “Walk up to the kid who sits alone at lunch and invite him to sit with your group; walk up to the kid who sits quietly in the corner of the room and sit next to her. Walk up to your teachers and thank them; walk up to someone who has different views than you and get to know them—you may be surprised at how much you have in common.”

Ryan Petty’s message encompasses real solutions to problems within our schools and the violence in our society. I am greatly disappointed in the adults who are encouraging these demonstrations which are nothing more than a statement, which solves nothing. These kids needs to be in school. We each need to walk up to those around us who are hurting. I call upon the adults to do better and encourage students to interact with one another, care for their fellow classmates, and demonstrate compassion. Focus on real solutions to real problems.

Announcements of Printing and Enrollment

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 13:

House Bill Nos. 4084 4643 5394 5609

The Secretary announced that the following bills were printed and filed on Tuesday, March 13, and are available at the Michigan Legislature website:

House Bill Nos. 5708 5709 5710 5711 5712 5713 5714 5715 5716 5717

Committee Reports

The Committee on Education reported

Senate Bill No. 795, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher and Hune

Nays: Senator Hopgood

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 796, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher and Hune

Nays: Senator Hopgood

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Tuesday, March 13, 2018, at 12:00 noon, Room 1300, Binsfeld Office Building

Present: Senators Pavlov (C), Knollenberg, Booher, Hune and Hopgood

The Committee on Judiciary reported

Senate Bill No. 892, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625k (MCL 257.625k), as amended by 2016 PA 32, and by adding section 62b.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4633, entitled

A bill to amend 1968 PA 319, entitled “An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority,” by amending section 8 (MCL 28.258), as amended by 2006 PA 450.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4666, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1910 (MCL 600.1910), as amended by 1994 PA 403.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4670, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15d of chapter XVII (MCL 777.15d), as added by 2002 PA 206.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5282, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2016 PA 117.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Emmons and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, March 13, 2018, at 3:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Jones (C), Schuitmaker, Rocca, Emmons and Bieda

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on Tuesday, March 13, 2018, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Nofs (C), O’Brien and Knezek

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary submitted the following:

Meeting held on Tuesday, March 13, 2018, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Proos (C) and Schuitmaker

Excused: Senator Young

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Environmental Quality submitted the following:

Meeting held on Tuesday, March 13, 2018, at 1:00 p.m., Room 405, Capitol Building

Present: Senators Green (C), MacGregor and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Health and Human Services submitted the following:

Meeting held on Tuesday, March 13, 2018, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators MacGregor (C), Marleau, Proos, Shirkey, Gregory and Hertel

Excused: Senator Nofs

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture and Rural Development submitted the following:

Meeting held on Tuesday, March 13, 2018 at 2:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Green (C), Stamas and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Natural Resources submitted the following:

Meeting held on Tuesday, March 13, 2018, at 2:30 p.m., Room 405, Capitol Building

Present: Senators Green (C), Booher and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, March 14, 2018, at 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hansen (C), Pavlov and Hopgood

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, March 14, 2018, at 3:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: None

Excused: Senators Booher (C), Nofs, Hertel, Hansen, MacGregor, Schuitmaker and Gregory

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesday, March 20, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Corrections - Thursday, March 15, 9:00 a.m., Room 1100, Binsfeld Office Building (373-2768)

General Government - Thursdays, March 15 and March 22, 8:30 a.m., Room 1300, Binsfeld Office Building (373-2768)

Higher Education - Thursday, March 15, 1:45 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

K-12, School Aid, Education - Wednesday, March 21, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs - Thursday, March 15, 1:00 p.m., Room 1300, Binsfeld Office Building (373-2768)

State Police and Military Affairs - Tuesday, March 20, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Energy and Technology - Thursday, March 15, 12:30 p.m., Room 1100, Binsfeld Office Building (373-1721)

Transportation - Thursday, March 15, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312) (CANCELED)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 6:50 p.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, March 15, 2018, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 411

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 413

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 415

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 417

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 419

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 421

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 423

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 425

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No. 28] [March 14, 2018] JOURNAL OF THE SENATE 427

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