No. 81 STATE OF Journal of the Senate 99th Legislature REGULAR SESSION OF 2018

Senate Chamber, Lansing, Wednesday, December 19, 2018.

12:30 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 Hollier—present O’Brien—present Bieda—present Hood—present Pavlov—present Booher—present Hopgood—present Proos—present Brandenburg—present Horn—present Robertson—present Casperson—present Hune—present Rocca—present Colbeck—present Jones—present Schmidt—present Conyers—present Knezek—present Schuitmaker—present Emmons—present Knollenberg—present Shirkey—present Green—present Kowall—present Stamas—present Gregory—present MacGregor—present Warren—present Hansen—present Marleau—present Young—present Hertel—present Meekhof—present Zorn—present Hildenbrand—present Nofs—present

2372 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Senator of the 21st District offered the following invocation: Heavenly Father, we come to You today at this early hour as men and women in need of Your grace and Your wisdom. Grace and wisdom that You so freely give to each of us, should we dare to reach out to You in humility. Lord, during this Advent season, we turn our thoughts to You and the gift of Your only-begotten Son, Jesus Christ. It is in His divine nature that we are redeemed in Your love. Amen.

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

Motions and Communications

Senator Green entered the Senate Chamber.

Senator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. The motion prevailed.

Senator Hood moved that Senator Hopgood be temporarily excused from today’s session. The motion prevailed.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 12:33 a.m.

12:46 a.m.

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

During the recess, Senators Knollenberg and Hopgood 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, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5778, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sec­tions 2, 3, 14, and 22 (MCL 287.1102, 287.1103, 287.1114, and 287.1122), sec­tion 2 as amended by 2016 PA 305 and sec­tion 22 as amended by 2013 PA 8, and by adding sec­tions 22a, 22b, and 22c. 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.

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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 5778 The motion prevailed, a majority of the members serving voting therefor. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2373

Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5778 House Bill No. 6269 The motion prevailed.

The following bill was read a third time: House Bill No. 5778, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sec­tions 2, 3, 14, and 22 (MCL 287.1102, 287.1103, 287.1114, and 287.1122), sec­tion 2 as amended by 2016 PA 305 and sec­tion 22 as amended by 2013 PA 8, and by adding sec­tions 22a, 22b, and 22c. 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. 899 Yeas—24

Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Meekhof Schmidt Casperson Horn Nofs Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Jones Pavlov Stamas Green Knollenberg Proos Zorn

Nays—14

Ananich Hertel Knezek Rocca Bieda Hollier Kowall Warren Conyers Hood Marleau Young Gregory Hopgood

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title.

Protest

Senator Bieda, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5778 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. 2374 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Senator Bieda’s statement is as follows: I’m rising to offer my “no” vote explanation for House Bill No. 5778. You know, when I woke up yesterday morning, the last thing I thought I’d be dealing with at nearly 1 o’clock in the morning on Wednesday was the regulation of frisky cougars. Legislation like this reminds me of the frustration our constituents have with governmental bureaucracy. Rather than simply fixing a typo in the current law, proponents of this legislation have taken it upon themselves to rewrite the intent of that law. Let me remind my colleagues that we already have a tough-enough time ensuring proper breeding practices with cats and dogs. We have owners who lose their pets when they get loose from their cage or wrangle free from their collars. Large carnivores are no different and, if anything, they are worse because they are exotic and not domestic animals. And now, some in this chamber want to let almost anyone who can meet some very minimal, arbitrary requirements breed some of the most dangerous animals in the world and not for conservation purposes either. Meanwhile, three of the state’s five zoos accredited by the Association of Zoos and Aquariums have already stated that they are against this legislation. These are top-notch zoos and are known across the world for their work in animal conservation. We should listen to the professional zoologists who have warned that this legislation has the potential to create dangerous situations. For example, if a breeder accidentally left when the cage is open, he could easily end up with a Jumanji-like situation with animals running around neighborhoods and our schools. In fact, that was a tragic case in Ohio in 2011 where 56 large exotic carnivores escaped from a private zoo, terrorizing a town for days, until 49 were killed and the rest were captured. Our accredited Michigan zoos already responsibly care for and conserve our endangered species. So, before you vote remember the famous quote from The Wizard of Oz: “Lions and tigers and bears. Oh my.” Let’s be cautious on this. I ask my colleagues to leave the management of these magnificent animals to the expert zoologists and I urge you to vote “no” on this bill.

The following bill was read a third time: House Bill No. 6269, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 11502, 11503, 11504, 11505, 11509, 11510, 11512, 11513, 11515, 11516, 11518, 11523, 11523a, 11523b, 11525, 11525a, 11525b, 11528, 11538, 11539, 11542, and 11550 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11509, 324.11510, 324.11512, 324.11513, 324.11515, 324.11516, 324.11518, 324.11523, 324.11523a, 324.11523b, 324.11525, 324.11525a, 324.11525b, 324.11528, 324.11538, 324.11539, 324.11542, and 324.11550), sec­tions 11502, 11503, 11504, 11505, and 11542 as amended by 2014 PA 178, sec­tions 11509, 11512, and 11516 as amended by 2004 PA 325, sec­tion 11510 as amended by 1998 PA 397, sec­tions 11523, 11523a, 11525, and 11525b as amended by 2013 PA 250, sec­tion 11523b as added by 1996 PA 359, sec­tion 11525a as amended by 2015 PA 82, sec­tion 11538 as amended by 2004 PA 44, and sec­ tion 11550 as amended by 2003 PA 153, and by adding sec­tions 11511a, 11512a, 11519a, 11519b, and 11519c. 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. 900 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0 No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2375

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Kowall moved that the Committee on Government Operations be discharged from further consideration of the following appointments: Michigan Board of Massage Therapy Carolyn Harden of 6276 Royal Oak Drive, Haslett, Michigan 48840, county of Ingham, representing the general public, succeeding Teresa Rivard, is appointed for a term expiring December 31, 2019. Stacey Murray of 477 Highland Street, Williamston, Michigan 48895, county of Ingham, representing the general public, succeeding Judy Robinson, is appointed for a term expiring December 31, 2020.

Board of Marriage and Family Therapy Madeline Timmer of 10018 E. Grand River Avenue, Portland, Michigan 48875, county of Ionia, representing the general public, succeeding Carolyn Harden, is appointed for a term expiring June 30, 2022.

Michigan Finance Authority Board of Directors Anna E. Heaton of 140 Leslie Street, Lansing, Michigan 48912, county of Ingham, representing Independents and residents of the state, succeeding JulieAnn Karkosak, is appointed for a term expiring September 30, 2022. Tim Allen Hoffman of 173 St. Peters Drive, Douglas, Michigan 49406, county of Allegan, representing Republicans and individuals with experience in education issues, including but not limited to, issues relating to public school districts, public community colleges, or public universities or relating to public finance, succeeding himself, is reappointed for a term expiring September 30, 2022. Murray David Wikol of 3890 Oakland Drive, Bloomfield Hills, Michigan 48301, county of Oakland, representing Democrats and residents of the state with experience in housing and community development issues or relating to public finance, succeeding Charlotte Edwards, is appointed for a term expiring September 30, 2022.

Ski Area Safety Board Matthew Torreano of 213 E. Ohio Street, Marquette, Michigan 49855, county of Marquette, representing individuals from the Upper Peninsula with ski experience, succeeding James Grundstrom, is appointed for a term expiring June 8, 2022.

Chair - State Tax Commission Naif Alexander Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, for a term commencing December 31, 2018 and expiring at the pleasure of the Governor.

State Tax Commission Naif Alexander Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, representing Repub­ li­cans and individuals with experience with taxation and government, succeeding Doug Roberts, is appointed for a term commencing December 31, 2018 and expiring December 27, 2022. The motion prevailed, a majority of the members serving voting therefor, and the appointments were placed on the order of Messages from the Governor. 2376 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Messages from the Governor

The following messages from the Governor were received: Date: December 13, 2018 Time: 6:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1171 (Public Act No. 368), being An act to amend 2018 PA 337, entitled “An initiation of legislation to enact the Improved Workforce Opportunity Wage Act which would fix minimum wages for employees within this state; prohibit wage discrimination; provide for a wage deviation board; provide for the administration and enforcement of the act; prescribe penalties for the violation of the act; and supersede certain acts and parts of acts including 2014 PA 138,” by amending sec­tions 3, 4, 4a, 4d, 10, and 15 (MCL 408.933, 408.934, 408.934a, 408.934d, 408.940, and 408.945). (Filed with the Secretary of State on December 14, 2018, at 2:34 p.m.)

Date: December 13, 2018 Time: 6:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1175 (Public Act No. 369), being An act to amend 2018 PA 338, entitled “An initiation of legislation to provide workers with the right to earn sick time for personal or family health needs, as well as purposes related to domestic violence and sexual assault and school meetings needed as the result of a child’s disability, health issues or issues due to domestic violence and sexual assault; to specify the conditions for accruing and using earned sick time; to prohibit retaliation against an employee for requesting, exercising, or enforcing rights granted in this act; to prescribe powers and duties of certain state departments, agencies, and officers; to provide for promulgation of rules; and to provide remedies and sanctions,” by amending the title and sec­ tions 1, 2, 3, 4, 5, 7, 8, 10, 11, and 14 (MCL 408.961, 408.962, 408.963, 408.964, 408.965, 408.967, 408.968, 408.970, 408.971, and 408.974); and to repeal acts and parts of acts. (Filed with the Secretary of State on December 14, 2018, at 2:36 p.m.)

Date: December 18, 2018 Time: 11:47 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 747 (Public Act No. 378), being An act to amend 1967 PA 150, entitled “An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal acts and parts of acts,” by amending sec­tion 306 (MCL 32.706), as amended by 2013 PA 99. (Filed with the Secretary of State on December 18, 2018, at 2:58 p.m.) Respectfully, Rick Snyder Governor

Michigan Board of Massage Therapy Carolyn Harden of 6276 Royal Oak Drive, Haslett, Michigan 48840, county of Ingham, representing the general public, succeeding Teresa Rivard, is appointed for a term expiring December 31, 2019. Stacey Murray of 477 Highland Street, Williamston, Michigan 48895, county of Ingham, representing the general public, succeeding Judy Robinson, is appointed for a term expiring December 31, 2020. Senator Kowall moved that the appointments be considered en bloc. The motion prevailed. Senator Kowall moved that the Senate advise and consent to the appointments. The question being on advising and consenting to the said appointments to office, The Senate advised and consented to the appointments to office, a majority of members serving voting therefor, as follows: No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2377

Roll Call No. 901 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

Protests

Senators Ananich, Hood, Conyers, Hertel, Young, Hollier, Bieda and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the approval of the gubernatorial appointments. Senator Ananich moved that the statement he made during the discussion of the appointments be printed as his reasons for voting “no.” The motion prevailed. Senator Ananich’s statement, in which Senators Hood, Conyers, Hertel, Young, Hollier, Bieda and Gregory concurred, is as follows: I rise to offer my “no” vote explanation. I do hope that some of these appointments last more than 24 hours but with this vote, we are talking about some of the appointments that will last until 2024. Think about that. In 2024, none of us in this chamber, except Senator Hollier, will still be here. Sorry, it’s 1 o’clock in the morning. In 2024, the Governor will be in her second term. In 2024, the President will be in the last days of his second term, or more likely, as far as I’m concerned, two years removed from the presidency. And the individuals we’re appointing to the Mackinac Bridge Authority, the Mackinac Straits Corridor Authority, and the Local Community Stabilization Authority, to name just a few, will still be in their seats. To make matters worse, we’re wrapping these into one vote. I am voting “no” because these commissions and committees do really important work and you and I both know they’re just cramming this through to prevent our new Governor from having a say. This is an attempt to give our outgoing Governor a dead hand to control government long after he’s out of office and a new Governor has been elected by the people. I continue to reject the “we-know-better” approach we have been taking with these appointments and a number of other issues in this lame-duck.

Board of Marriage and Family Therapy Madeline Timmer of 10018 E. Grand River Avenue, Portland, Michigan 48875, county of Ionia, representing the general public, succeeding Carolyn Harden, is appointed for a term expiring June 30, 2022. Senator Kowall moved that the Senate advise and consent to the appointment. The question being on advising and consenting to the said appointment to office, The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows: 2378 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Roll Call No. 902 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

Michigan Finance Authority Board of Directors Anna E. Heaton of 140 Leslie Street, Lansing, Michigan 48912, county of Ingham, representing Independents and residents of the state, succeeding JulieAnn Karkosak, is appointed for a term expiring September 30, 2022. Tim Allen Hoffman of 173 St. Peters Drive, Douglas, Michigan 49406, county of Allegan, representing Republicans and individuals with experience in education issues, including but not limited to, issues relating to public school districts, public community colleges, or public universities or relating to public finance, succeeding himself, is reappointed for a term expiring September 30, 2022. Murray David Wikol of 3890 Oakland Drive, Bloomfield Hills, Michigan 48301, county of Oakland, representing Democrats and residents of the state with experience in housing and community development issues or relating to public finance, succeeding Charlotte Edwards, is appointed for a term expiring September 30, 2022. Senator Kowall moved that the appointments be considered en bloc. The motion prevailed. Senator Kowall moved that the Senate advise and consent to the appointments. The question being on advising and consenting to the said appointments to office, The Senate advised and consented to the appointments to office, a majority of members serving voting therefor, as follows:

Roll Call No. 903 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2379

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

Ski Area Safety Board Matthew Torreano of 213 E. Ohio Street, Marquette, Michigan 49855, county of Marquette, representing individuals from the Upper Peninsula with ski experience, succeeding James Grundstrom, is appointed for a term expiring June 8, 2022. Senator Kowall moved that the Senate advise and consent to the appointment. The question being on advising and consenting to the said appointment to office, The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 904 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

Chair - State Tax Commission Naif Alexander Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, for a term commencing December 31, 2018 and expiring at the pleasure of the Governor. 2380 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

State Tax Commission Naif Alexander Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, representing Republicans and individuals with experience with taxation and government, succeeding Doug Roberts, is appointed for a term commencing December 31, 2018 and expiring December 27, 2022. Senator Kowall moved that the appointments be considered en bloc. The motion prevailed. Senator Kowall moved that the Senate advise and consent the appointments. The question being on advising and consenting to of the said appointments to office, The Senate advised and consented to the appointments to office, a majority of members serving voting therefor, as follows:

Roll Call No. 905 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Kowall moved that the Committee on Government Operations be discharged from further consideration of the following appointments: Automobile Theft Prevention Authority Board of Directors Eugene Adamczyk of 6045 133rd Avenue, Saugatuck, Michigan 49453, county of Allegan, representing purchasers of auto insurance in this state, succeeding himself, is reappointed for a term expiring July 1, 2022. Curtis M. Caid of 16573 Middlebelt Road, Livonia, Michigan 48153, county of Wayne, representing law enforcement officials, succeeding himself, is reappointed for a term expiring July 1, 2022. Lori Ellen Davis of 684 Kingsley Drive, Wixom, Michigan 48393, county of Oakland, representing an auto insurer doing business in this state, succeeding herself, is reappointed for a term expiring July 1, 2022. Michael Edward Thompson of 598 Vanderveen Drive, Mason, Michigan 48854, county of Ingham, representing purchasers of auto insurance in this state, succeeding himself, is reappointed for a term expiring July 1, 2022.

Automobile Theft Prevention Authority Board of Directors William Joseph Patterson of 15621 Alannah Christine, Marshall, Michigan 49068, county of Calhoun, representing auto­ mobile insurers doing business in the state, succeeding Mark Wagenshutz, is appointed for a term expiring July 1, 2022. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2381

Automobile Theft Prevention Authority Board of Directors Daniel Pfannes of 44858 Seabrook Drive, Canton, Michigan 48188, county of Wayne, representing law enforcement officials, succeeding Michael McCabe, is appointed for a term expiring July 1, 2022.

Chair - Michigan Tax Tribunal David Marmon of 205 S. 2nd Street, Brighton, Michigan 48116, county of Livingston, is appointed for a term expiring at the pleasure of the Governor.

Michigan Tax Tribunal Marcus Abood of 209 Harpers Way, Lansing, Michigan 48917, county of Eaton, representing real estate appraisers, succeeding Valerie Lafferty, is appointed for a term commencing October 29, 2018 and expiring June 30, 2022. Victoria Lee Enyart of 863 Woodbine Street, Jackson, Michigan 49203, county of Jackson, representing certified level IV assessors, filling a vacancy, is appointed for a term commencing November 13, 2018 and expiring June 30, 2020. The motion prevailed, a majority of the members serving voting therefor, and the appointments were placed on the order of Messages from the Governor.

By unanimous consent the Senate returned to the order of Messages from the Governor

Automobile Theft Prevention Authority Board of Directors Eugene Adamczyk of 6045 133rd Avenue, Saugatuck, Michigan 49453, county of Allegan, representing purchasers of auto insurance in this state, succeeding himself, is reappointed for a term expiring July 1, 2022. Curtis M. Caid of 16573 Middlebelt Road, Livonia, Michigan 48153, county of Wayne, representing law enforcement officials, succeeding himself, is reappointed for a term expiring July 1, 2022. Lori Ellen Davis of 684 Kingsley Drive, Wixom, Michigan 48393, county of Oakland, representing an auto insurer doing business in this state, succeeding herself, is reappointed for a term expiring July 1, 2022. Michael Edward Thompson of 598 Vanderveen Drive, Mason, Michigan 48854, county of Ingham, representing purchasers of auto insurance in this state, succeeding himself, is reappointed for a term expiring July 1, 2022.

Automobile Theft Prevention Authority Board of Directors William Joseph Patterson of 15621 Alannah Christine, Marshall, Michigan 49068, county of Calhoun, representing auto­ mobile insurers doing business in the state, succeeding Mark Wagenshutz, is appointed for a term expiring July 1, 2022.

Automobile Theft Prevention Authority Board of Directors Daniel Pfannes of 44858 Seabrook Drive, Canton, Michigan 48188, county of Wayne, representing law enforcement officials, succeeding Michael McCabe, is appointed for a term expiring July 1, 2022. Senator Kowall moved that the appointments be considered en bloc. The motion prevailed. Senator Kowall moved that the Senate advise and consent to the appointments. The question being on advising and consenting to the said appointments to office, The Senate advised and consented to the appointments to office, a majority of members serving voting therefor, as follows:

Roll Call No. 906 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson 2382 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

Chair - Michigan Tax Tribunal David Marmon of 205 S. 2nd Street, Brighton, Michigan 48116, county of Livingston, is appointed for a term expiring at the pleasure of the Governor.

Michigan Tax Tribunal Marcus Abood of 209 Harpers Way, Lansing, Michigan 48917, county of Eaton, representing real estate appraisers, succeeding Valerie Lafferty, is appointed for a term commencing October 29, 2018 and expiring June 30, 2022. Victoria Lee Enyart of 863 Woodbine Street, Jackson, Michigan 49203, county of Jackson, representing certified level IV assessors, filling a vacancy, is appointed for a term commencing November 13, 2018 and expiring June 30, 2020. Senator Kowall moved that the appointments be considered en bloc. The motion prevailed. Senator Kowall moved that the Senate advise and consent to the appointments. The question being on advising and consenting to the said appointments to office, The Senate advised and consented to the appointments to office, a majority of members serving voting therefor, as follows:

Roll Call No. 907 Yeas—25

Booher Horn Marleau Rocca Brandenburg Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand

Nays—13

Ananich Gregory Hood O’Brien Bieda Hertel Hopgood Warren Casperson Hollier Knezek Young Conyers

Excused—0 No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2383

Not Voting—0

In The Chair: President

The following message from the Governor was received and read: December 17, 2018 I respectfully submit the Senate the following appointment to office: Michigan Tax Tribunal Michelle Lange of 1111 Wildwood Drive, East Lansing, Michigan 48823, county of Ingham, representing members-at- large, succeeding Stephen Lasher, is appointed for a term commencing December 30, 2018 and expiring June 30, 2022. Sincerely, Rick Snyder Governor Senator Kowall moved that rule 2.104 be suspended to permit immediate consideration of the appointment. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the Senate advise and consent to the appointment. The question being on advising and consenting to the said appointment to office, The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 908 Yeas—28

Bieda Hansen MacGregor Robertson Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn

Nays—9

Ananich Hollier Hopgood Warren Conyers Hood Knezek Young Gregory

Excused—0

Not Voting—1

Hertel

In The Chair: President

The following message from the Governor was received and read: December 17, 2018 I respectfully submit the Senate the following appointment to office: Michigan State Housing Development Authority Jennifer March Grau of 201 Lathrop Street, Lansing, Michigan 48912, county of Ingham, a Democrat, succeeding Scott Wierda, is appointed for a term expiring March 10, 2019. Sincerely, Rick Snyder Governor 2384 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Senator Kowall moved that rule 2.104 be suspended to permit immediate consideration of the appointment. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that consideration of the appointment be postponed for today. The motion prevailed.

The following message from the Governor was received and read: December 17, 2018 I respectfully submit the Senate the following appointment to office: Board of State Canvassers Aaron Robert Van Langevelde of 604 Prairie Street, Charlotte, Michigan 48813, county of Eaton, representing Republicans, succeeding Colleen Pero, is appointed for a term expiring January 31, 2021. Sincerely, Rick Snyder Governor Senator Kowall moved that rule 2.104 be suspended to permit immediate consideration of the appointment. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the Senate advise and consent to the appointment. The question being on advising and consenting to the said appointment to office, The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 909 Yeas—27

Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson

Nays—11

Ananich Gregory Hood Warren Bieda Hertel Hopgood Young Conyers Hollier Knezek

Excused—0

Not Voting—0

In The Chair: President

The following message from the Governor was received and read: December 17, 2018 I respectfully submit the Senate the following appointment to office. Mackinac Straits Corridor Authority Michael A. Nystrom of 607 Ibis Circle, East Lansing, Michigan 48823, county of Ingham, a Republican, succeeding Michael J. Zimmer, is appointed for a term expiring December 12, 2024. Sincerely, Rick Snyder Governor No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2385

Senator Kowall moved that rule 2.104 be suspended to permit immediate consideration of the appointment. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the Senate advise and consent to the appointment. The question being on advising and consenting to the said appointment to office, The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 910 Yeas—23

Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Jones O’Brien Stamas Green Knollenberg Pavlov Zorn Hansen Kowall Proos

Nays—15

Ananich Gregory Hopgood Shirkey Bieda Hertel Knezek Warren Colbeck Hollier MacGregor Young Conyers Hood Rocca

Excused—0

Not Voting—0

In The Chair: President

The following messages from the Governor were received and read: December 11, 2018 I respectfully submit to the Senate the following appointment to office: Detroit-Wayne County Port Authority Andrew Seth Doctoroff of 26413 Huntington Road, Huntington Woods, Michigan 48070, county of Oakland, succeeding Fred Hoffman, is appointed for a term expiring September 30, 2022.

December 11, 2018 I respectfully submit to the Senate the following appointment to office: Judicial Tenure Commission Ari B. Adler of 1580 Hillside Drive, Okemos, Michigan 48864, county of Ingham, succeeding David Fischer, is appointed for a term expiring December 31, 2021.

December 11, 2018 I respectfully submit to the Senate the following appointment to office: Midwestern Higher Education Compact Casandra Ulbrich of 1890 Ludgate Lane, Rochester Hills, Michigan 48309, county of Oakland, designee of the Governor of Michigan, succeeding Brian Whiston, is appointed for a term expiring at the pleasure of the Governor.

December 11, 2018 I respectfully submit to the Senate the following appointments to office: Talent Investment Board Kristin Beltzer of 5945 Buttonwood Drive, Haslett, Michigan 48840, county of Ingham, representing youth providers, succeeding Rhetta Hunyady, is appointed for a term expiring April 15, 2020. 2386 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

William Robinson of 2505 Showtime Drive, Apt. 204, Lansing, Michigan 48912, county of Ingham, representing vocational rehab programs, succeeding Suzanne Howell, is appointed for a term expiring April 15, 2019.

December 12, 2018 I respectfully submit to the Senate the following appointment to office: State Teacher Tenure Commission Michelle Marie Richard of 12292 Sea Pines Drive, DeWitt, Michigan 48820, county of Clinton, representing the general public, succeeding Nancy Danhof, is appointed for a term expiring August 31, 2023.

December 12, 2018 I respectfully submit to the Senate the following appointments to office: Chair - Michigan Trails Advisory Council John Matonich of N11155 East Shore Road, Marenisco, Michigan 49947, county of Gogebic, is appointed for a term expiring at the pleasure of the Governor.

Michigan Trails Advisory Council Jenny Lynn Cook of 5327 North 7th Street, Kalamazoo, Michigan 49009, county of Kalamazoo, representing the Equine Trails Subcommittee, succeeding Michael R. Foote, is appointed for a term expiring January 17, 2022. Thomas Dunn of 5010 Stafford Avenue, Lansing, Michigan 48910, county of Ingham, representing ORV owners, suc­ ceeding himself, is reappointed for a term expiring January 17, 2021. Patricia Louise Janes of 18881 N. Fruitport Road, Spring Lake, Michigan 49456, county of Ottawa, representing the Equine Trails Subcommittee, succeeding Sarah Nicholls, is appointed for a term expiring January 17, 2022. Jessi Adler of 1580 Hillside Drive, Okemos, Michigan 48864, county of Ingham, representing ORV owners, succeeding Tim Kobasic, is appointed for a term expiring January 17, 2022. Joseph Daniel Kuchnicki of 5134 E. Brutus Road, Alanson, Michigan 49706, county of Emmet, representing snowmobile owners, succeeding James Dickie, is appointed for a term expiring January 17, 2021. John Matonich of N11155 East Shore Road, Marenisco, Michigan 49947, county of Gogebic, representing snowmobile owners, succeeding Frank Wheatlake, is appointed for a term expiring January 17, 2020.

December 13, 2018 I respectfully submit to the Senate the following appointments to office: Autism Council Krista M. Boe of 615 W. 11th Street, Traverse City, Michigan 49684, county of Grand Traverse, representing certified behavior analysts, is appointed for a term expiring September 30, 2021. Brian DeBano of 8689 W. Scenic Lake Drive, Laingsburg, Michigan 48848, county of Shiawassee, the designee of the Department of Licensing and Regulatory Affairs, is appointed for a term expiring September 30, 2021. Jenny M. Piatt of 20624 Waterloo, Chelsea, Michigan 48118, county of Washtenaw, representing the Michigan Rehabilitation Services and Employment Services, is appointed for a term expiring September 30, 2021. Kent Alan Rehmann of 5221 River Ridge, Lansing, Michigan 48917, county of Ingham, representing recipient rights, is appointed for a term expiring September 30, 2021.

December 13, 2018 I respectfully submit to the Senate the following appointment to office: Advisory Council on Deaf, Deafblind and Hard of Hearing Joanne S. Forbes of 1114 N. Altadena Avenue, Royal Oak, Michigan 48067, county of Oakland, representing individuals knowledgeable in the field of deafness, succeeding Kathleen Mitchell, is appointed for a term expiring January 18, 2020.

December 13, 2018 I respectfully submit to the Senate the following appointments to office: Board of Interpreters for the Deaf, Deafblind and Hard of Hearing Michael Allen Depcik of 16103 Chesterfield Avenue, Eastpointe, Michigan 48021, county of Macomb, representing individuals who are deaf, deafblind, or hard of hearing, succeeding Theodore Dorsette III, is appointed for a term expiring December 31, 2022. Jahan Farzam-Behboodi of 6500 Thorngate Road, East Lansing, Michigan 48823, county of Ingham, representing individuals who are deaf, deafblind, or hard of hearing, succeeding Gregory Pollock, is appointed for a term expiring December 31, 2022. Barbara R. Hinson of 966 Malena Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing interpreters, succeeding David Stuckless, is appointed for a term expiring December 31, 2022. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2387

December 13, 2018 I respectfully submit to the Senate the following appointments to office: Chair - Developmental Disabilities Council Deborah Leola Rock of 7736 Ionia Road, Apt. 4, Portland, Michigan 48875, county of Ionia, is appointed for a term expiring at the pleasure of the Governor.

Developmental Disabilities Council Price Pullns of 2212 Treehaven Drive, Kalamazoo, Michigan 49008, county of Kalamazoo, representing both an individual from the state agency that administers funds provided under Title V of the Social Security Act and an individual from the state agency that administers funds provided under Title XIX of the Social Security Act, succeeding Lisa Grost, is appointed for a term expiring September 30, 2022. Bradley Paul Rivard of 2929 E. Morgan Trail, N.E., Rockford, Michigan 49341, county of Kent, representing a parent or guardian of a child with developmental disabilities, succeeding Rosalynn Davis, is appointed for a term expiring September 30, 2019. Deborah Leola Rock of 7736 Ionia Road, Apt. 4, Portland, Michigan 48875, county of Ionia, representing a parent or guardian of a child with developmental disabilities, succeeding herself, is reappointed for a term expiring September 30, 2021. Kelly Rockwell of 7210 Colony Drive, West Bloomfield, Michigan 48323, county of Oakland, representing a local, non-governmental agency concerned with services for individuals with developmental disabilities with sufficient authority to engage in policy planning and implementation, succeeding Lois Arnold, is appointed for a term expiring September 30, 2019.

December 17, 2018 I respectfully submit to the Senate the following appointments to office: Asian Pacific American Affairs Commission Chandragupta Padmanabha Acharya of 1616 Delancy Circle, Canton, Michigan 48188, county of Wayne, succeeding Soraya Kim, is appointed for a term expiring November 30, 2021. David K. Han of 13620 Berkshire Court, Plymouth, Michigan 48170, county of Wayne, succeeding Mahima Mahadevan, is appointed for a term expiring November 30, 2022. Grace Ya-Ching Lee of 416 Steeple Chase Court, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding herself, is reappointed for a term expiring November 30, 2022. Leena S. Mangrulkar of 409 Wildwood Avenue, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding Scott Ayotte, is appointed for a term expiring November 20, 2022. Suchiraphon Mckeithen-Polish of 8796 Riverland Drive, Sterling Heights, Michigan 48314, county of Macomb, suc­ ceeding Nasim Ansari, is appointed for a term expiring November 30, 2021. Reginald Arnold Pacis of 299 Leroy Street, Ferndale, Michigan 48220, county of Oakland, succeeding Jin-Kyu Koh, is appointed for a term expiring November 30, 2022. Poowanat J. Tasma of 9361 Melrose Street, Livonia, Michigan 48150, county of Wayne, succeeding himself, is reappointed for a term expiring November 30, 2022. Angela Wei Wang of 15351 Stone Henge Drive, Fenton, Michigan 48430, county of Oakland, succeeding David Long, is appointed for a term expiring November 30, 2022.

December 17, 2018 I respectfully submit to the Senate the following appointments to office: Governor’s Task Force on Child Abuse and Neglect Colin Stefan Parks of 121 Springmeadows Lane, DeWitt, Michigan 48820, county of Clinton, representing the Department of Health and Human Services, succeeding Nick Lyon, is appointed for a term expiring December 31, 2021. Cynthia Ann Smith of 7385 Deepwater Point Road, Williamsburg, Michigan 49690, county of Grand Traverse, representing mental health professionals, succeeding Susan Heilner, is appointed for a term expiring December 31, 2019.

December 17, 2018 I respectfully submit to the Senate the following appointment to office: Michigan Statewide Independent Living Council Michael Hamm of 3467 N. Walnut Avenue, White Cloud, Michigan 49349, county of Newaygo, representing individuals with a disability, is reappointed for a term expiring December 31, 2021. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 2388 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

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

Messages from the House

The House of Representatives has returned, in accordance with the request of the Senate: House Bill No. 4333, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sec­tions 16b, 34, 40, 46, and 49 of chapter XVII (MCL 777.16b, 777.34, 777.40, 777.46, and 777.49), sec­tion 16b as amended by 2017 PA 30, sec­ tion 34 as added by 1998 PA 317, sec­tion 40 as amended by 2014 PA 350, sec­tion 46 as amended by 1999 PA 227, and sec­tion 49 as amended by 2002 PA 137. The bill 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 following bill be placed at the head of the Third Reading of Bills calendar: House Bill No. 4333 The motion prevailed.

The following bill was announced: House Bill No. 4333, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sec­tions 16b, 34, 40, 46, and 49 of chapter XVII (MCL 777.16b, 777.34, 777.40, 777.46, and 777.49), sec­tion 16b as amended by 2017 PA 30, sec­ tion 34 as added by 1998 PA 317, sec­tion 40 as amended by 2014 PA 350, sec­tion 46 as amended by 1999 PA 227, and sec­tion 49 as amended by 2002 PA 137. Senator Kowall moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved to reconsider the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, Senator Jones offered the following substitute: Substitute (S-1). The substitute was adopted, a majority of the members serving 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. 911 Yeas—34

Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hollier MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Conyers Horn Nofs Warren Emmons Hune O’Brien Young Gregory Jones Proos Zorn Hansen Knezek

Nays—4

Colbeck Green Pavlov Stamas No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2389

Excused—0

Not Voting—0

In The Chair: O’Brien

By unanimous consent the Senate returned to the order of Messages from the House

Senator Kowall moved that consideration of the following bill be postponed temporarily: Senate Bill No. 35 The motion prevailed.

Senator Kowall moved that consideration of the following bills be postponed for today: Senate Bill No. 874 Senate Bill No. 880 The motion prevailed.

Senate Bill No. 844, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sec­tion 33a of chapter IX (MCL 769.33a), as added by 2014 PA 465. The House of Representatives has amended the bill as follows: 1. Amend page 5, line 20, by striking out “JANUARY 12, 2023.” and inserting “SEPTEMBER 30, 2019.”. 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. 912 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien 2390 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

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. 991, entitled A bill to amend 2013 PA 183, entitled “Student safety act,” by amending sec­tion 3 (MCL 752.913). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 913 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. 1199, entitled A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending sec­tion 3 (MCL 15.563), as amended by 2013 PA 270. 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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2391

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 1:38 a.m.

1:43 a.m.

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

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.

Recess

Senator Kowall moved that the Senate recess until 10:00 a.m. The motion prevailed, the time being 1:44 a.m.

The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:01 a.m.

12:25 p.m.

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

By unanimous consent the Senate proceeded to the order of Resolutions

Senator Meekhof offered the following resolution: Senate Resolution No. 219. A resolution of tribute for the Honorable Dave Hildenbrand. Whereas, It is a pleasure to extend this expression of thanks to Senator Dave Hildenbrand as he brings to a close his tenure with the . In these past eight years, he has shown tremendous dedication and commitment to the Twenty-ninth District and this body; and Whereas, Dave Hildenbrand joined the Senate in 2011 with extensive experience in legislative governance. Prior to his election to the Michigan House of Representatives in 2004, where he served three terms and ascended to the position of Minority Floor Leader, the Michigan State University graduate was appointed chief of staff to Senator Bill Hardiman and deputy chief of staff to Lieutenant Governor Dick Posthumus. Senator Hildenbrand also served as an agriculture policy advisor to Governor John Engler. Dave Hildenbrand is an active member of the Lowell community having worked with organizations like Habitat for Humanity, the YMCA, 4-H, Right to Life of Michigan, the Kent County Farm Bureau, and Moose Lodge 809; and Whereas, For eight years, Senator Hildenbrand has served with great distinction, putting his expertise and leadership to good use. He was appointed chair of the Senate Appropriations Committee in 2015, having previously served on numerous committees including as vice chair of the Economic Development, Government Operations, and Outdoor Recreation and Tourism committees. As a result of his steady leadership and work, Michigan’s veterans’ homes are being modernized; 2392 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 the homestead property tax credit has been made simpler for disabled veterans; law enforcement agents have the tools needed to help address the state’s synthetic drug problem; and Michiganders can donate to the Amber Alert Fund on their state income tax returns. His keen understanding of the legislative and budget processes has earned him the esteem of colleagues and staff alike; now, therefore, be it Resolved by the Senate, That we offer this expression of tribute to commend and thank the Honorable Dave Hildenbrand for his notable contributions to this legislative body and to our state; and be it further Resolved, That copies of this resolution be transmitted to Senator Hildenbrand as evidence of our gratitude and best wishes. 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 by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor.

Senator Hildenbrand asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hildenbrand’s statement is as follows: Let’s get this over with. It’s been weighing on me for several weeks and, you know, I get a little emotional with these things, so just bear with me, if you will. I’ll get through it. I need to spice up my coffee here a little bit. Ease my nerves a little bit. Thanks for whoever put that nice resolution together about me. It dawned on me the other day that all of us in this chamber get two resolutions presented to us about our time here in the Senate. Obviously this one, and then our memorial resolution. What’s nice about this one is that you actually get to speak after it’s presented to you. What an honor, privilege, and true blessing it’s been to serve in this chamber with all of you. I feel very fortunate and undeserving to have been able to serve in the Legislature for 14 years. Like all of you, I came here every day to make the most of it. You are all top-notch people, the cream of the crop—talented, caring, just outstanding individuals, and you have all inspired me to be a better person. My family is my top priority, my pride, and my joy. I’ve always gone out of my way to protect them and insulate them from the difficult parts of this business. They have supported me in every step of the way. My wife Sarah who is here behind me and our daughters Jane and Claire have enriched my life beyond what words can describe. Of course, the girls have ideas of what I should be when I’m done being a Senator. Jane wants me to work at the zoo so we can get free passes and behind-the-scenes tours, and Claire wants me to be a substitute teacher so I can sub in her classroom. While most likely neither of those things will happen, but I will still take them to the zoo and I’ll volunteer in their classrooms. I want to thank the residents of the 29th Senate District for putting their trust in me to represent their views in Lansing. Kent County is a great place to live. Although I came from the rural part of the county, I was so proud to represent the booming and thriving city of Grand Rapids—all 200,000 people strong, our state’s second-largest city. Politics was not part of my life growing up at all. My first job after graduating from Michigan State was for then-Senate Majority Leader Dick Posthumus. I started as his district representative in Kent County over 20 years ago. He was my first real boss, a great role model for me as a 22-year-old college graduate, ready to get out into the real world. It is under him that I cut my teeth in politics. I would never have guessed in a million years that five Senate Majority Leaders later, I’d be a member of this body and this Majority Leader would appoint me as chairman of the Senate Appropriations Committee. Thank you, Senate Majority Leader Arlan Meekhof, for believing in me to chair this important committee. It has been the pinnacle, the capstone, of my time in the Legislature. Thank you for your friendship and your bold leadership. Senator Mike Kowall, thank you for your leadership in this chamber as well. I think we all take for granted all the work you do standing at that podium to make the various motions and maneuvers to get legislation through the chamber. Appropriations has been my life here at the Capitol the last four years, and I want to thank the other 16 members of the Appropriations Committee. I know I wasn’t the obvious choice for the job but I listened to you and I made your priorities my own. From there, we developed a strong bond and accomplished great things as a team. I just want to mention a few things about some of the members. My vice chair, Senator Pete MacGregor, what a great guy—hard worker, great leader, you’ll make a great Majority Floor Leader as well. I’ve got a couple more things to say about you later on. Senator Tonya Schuitmaker, another outstanding leader, a great advocate for higher education. Some days she was like my work wife, but more often like a sister to me—a younger sister, of course. Senator Darwin Booher, by far the most prepared Senator in this chamber. I sit by him in our caucus room back there and have always been so impressed by how much he takes reading over bills and amendments and getting prepared for each day. But, if you ask me for one more capital outlay project, I am going to jump out that window. Just kidding. You’re a great guy and a great friend and I enjoyed our friendship. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2393

Senator John Proos, what a great public servant for southwest Michigan. A true role model for us all. Man, you sure put the Michigan Department of Corrections through the wringer over the years. I sure hope you don’t find yourself in prison someday. That could get real ugly. Senator Mike Green, I think you’re always a little surprised at how much I’d care about agriculture and Michigan’s great outdoors in the budget process, but I really enjoyed teaming up with you and prioritizing these areas in the state budget. Senator Goeff Hansen, what a great leader for public education and I always admired how you worked in a bipartisan fashion. You’re a great public servant and you’ve been a great friend to me. Senator Mike Nofs, such a talented legislator. He could take the most difficult of issues and navigate a solution that you were covered politically and you felt comfortable to support in the end. I’ve always been so impressed by that. I’ve learned a lot watching you work and I have also enjoyed working with you in the budget process to make sure our public safety officers and our veterans are our top priority. Senator , the first time I had kind of a real conversation with Senator Shirkey was regarding the Medicaid expansion, or Healthy Michigan, back in 2012. Although I couldn’t get on board with you on that one, you certainly made a great case and it was very difficult for me. We were able to align on many other big issues facing the state. I’ve learned a lot from you, watching you work, and you will do very well leading this chamber in the coming years. Senator , such an easy-going man, always a gentleman, pleasure to work with. Another excellent leader who will take the reins of the Senate Appropriations Committee with ease. Senator Jim Marleau, thanks for your leadership in public health policy and public health funding over the years. We had a long history. Back when we were freshmen, you and I co-chaired the House Republican Campaign Committee as freshmen State Representatives. And how little we knew back then. Senator Marty Knollenberg, I’ve always enjoyed our impromptu conversations. In fact, you stopped by my office just a little bit ago to chat and we talked a little bit about everything. You have a bright future with lots of opportunities in front of you. We had five Democrats on the committee. It took me a couple years to find them stuffed way back in the corner of the chamber, but I really enjoyed working with them. My minority vice chair, Vincent Gregory, was always a pleasure to work with and respected our differences. Then there was Senator Hopgood. You know, the guy hardly says anything but it took him ten minutes to explain each and every amendment he brought up before the Appropriations Committee. Then, Senators Hertel and Knezek, two proud Democrats who I respect. Those two guys were over there on their phones during committee a lot just waiting for me to let my guard down so they could pounce. Well, we were able to work together on some great things and I enjoyed serving with both of them. Last but not least, Senator Coleman Young who’s been mentioned in a lot of speeches on this floor. I quickly figured out that I could answer every question Senator Young had in committee before he even asked it. It goes like this, “No, Senator Young, this bill does not take away money from the city of Detroit.” He did represent his district very well. Through the budget process, I had the honor to work with two House Appropriations Committee chairs—former Repre­ sentative Al Pscholka and current Representative Laura Cox—as well as three of the Governor’s four budget directors— John Roberts, Al Pscholka in that role, and John Walsh. We put in many long hours putting the budgets together but we always respected each other and found ways to resolve our differences. Like all of you, I’ve had outstanding staff and I want to mention a few of them. There’s some in the Gallery, but there are four who really stood out because they were all great, like many of you mentioned in your speeches—interns and employees. But there were four who not only were great here in Lansing but also were instrumental in my campaigns. They were the ones who got me here and the ones who got me re-elected. First, Jen Dettloff. She worked for me on the first day I took office in the House. She worked in my Senate office through most of my first term. She’s done a lot of great roles here. She did everything in the office, including managing my Senate campaign, which turned out to be the most competitive and most expensive in 2010. You can’t find a harder-working, loyal, more dedicated employee than Jen. I’ll always be grateful. Then there’s Kerry DeBano, who also worked for me both in the House and the Senate. She was from the district, and handled many things in the office. Another very dedicated, loyal employee who played key roles in my campaign and did so much for me in the office. Adam Erber, he’s our Grand Rapids guy, he was a later addition to the team, but what a great guy. One of those employees who will do whatever it takes to get the job done. And then, of course, Fred Schaible, the man behind me. Pretty much everybody knows Fred. We both grew up farm boys, and I think that bonded us in this endeavor. You know you have a good chief of staff when other Senators mention your chief of staff in their farewell speeches. He really knows how to work this legislative process but I think even more importantly, he knows the people who make this system work. You’ve been a faithful, hard-working, dedicated employee, Fred, and I’ll always be very grateful. There’s so many other staff members I could mention, you know, who do so much behind the scenes. Senate Fiscal Agency Director Ellen Jeffries, I know she’s over there, and Steve Angelotti, Kathryn Summers, and so many. I could 2394 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 name everybody over at the Senate Fiscal Agency that I’ve worked so closely with. Our other budget team, you know, Tom Davis and Nikki Brown, so many other staff. A lot of them are around here—Craig Ryan and Matt Sweeney; Dave Biswas; Scott Jones, the committee clerk and lead committee clerk in the Senate who is the clerk for the Senate Appropriations Committee; Jenn Merchant; Scott Hughes; Amber McCann; Terry Marquardt; and Adam Stacey who had key roles to play in my campaigns. All very dedicated, behind-the-scenes workers who I just am so grateful for. I know many of you know that I’ve done quite a bit of traveling as a legislator. I enjoy getting out and seeing the countryside. We still have a couple weeks left if anybody still wants to learn more about the Electoral College and the National Popular Vote. There’s still time. Speaking of traveling, when I first got elected to the House, I heard of this guy, Senator Joe Hune, a.k.a. Junket Joe. He was a known traveler. The guy knew how to get plugged in on some great legislative conferences. Well, I quickly got connected with him, he taught me the ropes, and, man, it’s been a great ride. I have two great legislative travel partners I want to mention. First, Senator Phil Pavlov. This guy is hilarious. I mean, we feed off each other and I’ve never laughed so hard in my life at times. So many of his one-liners are the best. At great risk, I’m actually going to share one of them with you. You guys and gals may not think this is funny, but I’ve got to tell you. Phil was learning how to operate a road grader and he was getting helped by a guy. A road grader is one of the older kinds with all kinds of levers in front of him. He’s trying to figure it out, it wasn’t going well, and the guy gave him some advice. He said, “Phil, if you don’t know what lever A does, lever B.” If you don’t know what lever A does, lever B. The best thing about that line is that you can use it in so many different ways. I use it once a month. When the board freezes up and something goes haywire here, we say, “Jeff Cobb, if you don’t know what lever A does, lever B.” What a great guy. Senator Pavlov, we’ve got so many great memories and I’ll cherish them for the rest of my life. My other travel partner is Senator Pete MacGregor. When I first met Pete MacGregor, I didn’t think the guy was all there. But, what a guy who is full of life. He certainly does grow on you. Our districts border each other in Kent County and we have spent a lot of time together hunting, fishing, traveling, and just goofing off. I hope some of our traditions continue in the future. Just a couple more, I know I’m getting long. Senator Jack Brandenburg, so, Jack Brandenburg is a prankster. He pulled one over and he may not even remember this. He pulled one over on me in one of my first months in the State House. I’d gone to a concert with a bunch of legislators after session on a Thursday night and we hit it pretty hard. It got late. And the next day, on Friday, I was at home and my phone rings. To this day, I don’t even know why I answered it. I said hello and the voice on the other end said, “Hey, this is a reporter from Lansing. I heard you were at a concert last night with a bunch of lobbyists. Can you confirm that? I want to write a story about that.” As a brand new State Representative, I completely froze. I was so nervous. I was sweating. I didn’t know what to say. He had me going for about a good minute or two and then he let me down and let me know, “Hey, it’s Jack. I’m just pulling one over on you.” He really got me that day and I have appreciated your friendship over the years as well, Jack. Alright, I’m wrapping up here. I’ve got so many great memories about hunting and fishing with so many of you, I can’t get into them. Our times out on Lake Michigan out of Frankfort, Manistee, Pentwater, and Muskegon, all along the western shore of Michigan, so many great memories that I’ll cherish for my life. Senator Robertson, Dave Robertson, his excitability in caucus, you can literally see this guy’s blood pressure go up every sentence like a teapot and then the whistle comes out. He’s just so fired up. I’ve appreciated Senator ’s leadership and friendship. We were able to partner to support his community going through some very difficult times and I’ve enjoyed that friendship as well, and I’ve enjoyed bipartisan legislative dinners at Ukai Steakhouse with Senator Warren as well. I hope that tradition continues. One of the things that always amazed me about this place is that the amount of energy that is in this town when we are in session. All the people who make this place come to life—our personal staff, the Secretary of the Senate, Session Staff, the Legislative Service Bureau, the sergeants, the Senate Fiscal Agency, central staff, the Senate Business Office, lobbying and government affairs, rallies, protests, committee meetings, events on the Capitol lawn. It just always amazed me when I would show up on Tuesday and be here Tuesday, Wednesday, and Thursday the amount of energy. It’s electric and you can feel it, and it is so noticeable when you come into this town on a non-session day. It’s just really kind of eerie how quiet it is. I’m stealing another line from Senator Pavlov in my conclusion that he used in his farewell speech. I too feel as fulfilled leaving the Senate and the Legislature as I did when I entered it about what the future has in store. Thanks again for all the friendships and memories and I’m sure I’ll see many of you again down the road. Take care and God bless.

Senator Meekhof offered the following resolution: Senate Resolution No. 218. A resolution of tribute for the Honorable Tonya Schuitmaker. Whereas, On the occasion of her retirement from the Senate, the members of this legislative body deem it a great honor to congratulate Senator Schuitmaker on her eight years of dedication and hard work for the citizens of the Twenty-sixth District and the entire state; and No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2395

Whereas, After receiving her bachelor’s degree from Michigan State University and her juris doctor from the Detroit College of Law, Tonya Schuitmaker practiced law and became active in her community, serving on many boards and commissions, including the Michigan Board of Medicine, the Van Buren Community Health Board, the Van Buren Community Corrections Advisory Board, and the Midwestern Higher Education Compact Executive Committee; and Whereas, In 2004, Tonya Schuitmaker was elected to the House, the first of three terms. She was elected to the Senate in 2010 and reelected in 2014. She ably served on several standing committees, including Energy and Technology, Health Policy, and Oversight, and as vice chair of the Judiciary Committee. She worked on education and other issues while on Appropriations subcommittees as chair of Higher Education, and vice chair of Capital Outlay, Community Colleges, and Judiciary. Senator Schuitmaker’s commitment to her constituents and contributions in these committee posts have been much appreciated; and Whereas, During her first and second terms, Senator Schuitmaker’s leadership skills were recognized as she was chosen by her colleagues to serve as President Pro Tempore of the Senate, the second woman to hold this position. She also served on the Legislative Council and brought her legal expertise and experience to the Michigan Law Revision Commission and the Michigan Commission on Uniform State Laws; now, therefore, be it Resolved by the Senate, That we offer this expression of tribute to commend and thank the Honorable Tonya Schuitmaker for her notable contributions to this legislative body and to our state; and be it further Resolved, That copies of this resolution be transmitted to Senator Schuitmaker as evidence of our esteem and best wishes. 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 by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor.

Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: I started thinking about this speech back in August, and I was like, “How am I ever going to put into words what this has all meant in my life?” Here I go to try and summarize the last 14 years. Thanks, Dad, for helping me with some comedic relief. He got up to sit in my chair. Obviously you know where I get my push-the-limit from, my dad. Thank you, Senator Shirkey, for helping him out so he could see me. I first want to thank the residents of the 20th and 26th Districts. Yes, you heard me right, I’ve represented two Senate Districts. Ninety-three percent of my district changed after the first four years—thank you, Joe Hune. I’ve had the great honor to represent them. Whether you’ve been my strongest champion, or you’ve felt I could have done better, I’ve always appreciated your input. I’ve tried to respond and be diligent in representing all the residents. Thank you for believing in me, residents. Next, I want to thank my parents. My mother, Zoe—this is really hard—a social worker, would always tell me growing up that I was a gift from God and to go out and make the world a better place. She would counter that with reading The Little Engine That Could. I would like to credit my mother for giving me the resiliency and the drive to push forward. Growing up she would bring foster kids into our home which has given me a great understanding for the struggles and not to judge others until you walk in their footsteps. This has taught me great empathy that I learned about the hardships of life, and I think it’s made me a better legislator and fueled my passion in the justice system. My father, Harold, provided a great example of how to treat others. I remember when I was younger, him taking a lunch with a lot of people—I think I was 19 or 20 at the time and I was in awe of the CEOs and the dignitaries—and he gave me the best advice somebody could give: “Remember everyone puts on their pants the same way.” As I traveled around campaigning throughout the county, I would always get feedback about my parents. Either they had been clients of my mom’s and my mom helped them through a difficult time, or they dealt with my father. One of the best things they always said was that my dad treated them fair. So, Senator Hood, when you said I treated you fair, you have no idea how much that meant to me. I also want to thank my parents for my faith in God. I am strong in my faith and have tried to live a life accordingly. I cannot believe I am crying this much, my husband always said, “Never let them see you cry.” And I’ve never cried in 14 years. I cannot thank God enough for the blessings He has bestowed upon me. Allowing me to faithfully serve my state and country has been the privilege of a lifetime. I am so blessed to have met my husband, Steve, in our final year of college. Fate brought us together. We had four out of five classes together at Michigan State. Out of 50,000 people, I was fortunate to have four out of five classes with him. Twenty-five years later, we have had a wonderful, joyous life. I could not ask for a better life partner and one who 2396 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 has supported me unconditionally and is my rock. I know the lifestyle of a political spouse is never easy. Sometimes it is harder on the spouse than it is on the candidate. Every weekend was filled with events and he just went along with the flow. “We have a parade this weekend.” “OK, I will get the car ready.” I thank you, you are my best friend, and I can’t thank you enough. You’re the father of my two wonderful children. Jordan and Savina, you are the light in my world and I can’t tell you how much I love you both and how proud I am of you. When I came into the Legislature you were 8 and 5, and now you are 23 and 20. Wow, where does time go? I am so proud of the people you have become and believe you can do anything in this life. You will be great citizens because you have turned out so well. I wouldn’t be who I am and wouldn’t have been able to do this job without the overwhelming love I have been surrounded by for the last several years. So, how did I get here? I want to give special thanks to my campaign managers who worked for little pay and asked for nothing in return—Kim Gaedeke, Jay Compton, Jon Andrews, Isabelle Labadie, Joe Wicks, and Ryan Gilbert. I also had many people help who out throughout the years. The list is long and I can’t name them all because there are so many who have lent their time, talent, and treasure to my campaign. Barb, Lenore, Jim, Glenn, Rose, and the two Lorraines, you guys have been amazing. I think combined you have put in a whole year of work for me. So thank you so much. I would like to acknowledge my predecessors who provided great examples. Representatives Mick and Mary Ann Middaugh, Senators Tom George, Paul Wartner, Patty Birkholz, Mark Jansen, Bill Hardiman, Bill Van Regenmorter, and the reason the list is long is because I represented two districts—thank you, Joe Hune. One other who wasn’t in my area but who has had a profound effect, especially on the Judiciary Committee since we’re both attorneys, would be Senator Bruce Patterson. My two wonderful leaders. I was so honored when Randy Richardville said he wanted to promote a woman. It’s hard being one of four women. He said, “I want you to be Senate President pro tempore.” Randy, thank you so much. Arlan Meekhof, you were my seatmate over in the House and I can’t tell you how much I appreciate you and your friendship. You have an amazing wife as well. Both, Randy and Arlan, you have been great leaders of our caucus and I thank you so much. Senator Kowall, Dave Biswas, Jeff Cobb, and the entire office of the Secretary of the Senate, we’ve all worked together and I appreciate our great working relationships that I had with you as Senate President pro tempore. Next, I have had the opportunity to serve under great chairs on my committees. First, my first love which is the Judiciary Committee. Nobody else asked for it but it was always my first request. Rick Jones, chairman of Judiciary, I was so skeptical that a non-attorney would be running the Judiciary Committee but you have totally proven me wrong. You and your staff—and you have had amazing staff throughout the years—have vetted every bill and you have run the committee very efficiently. We’re out of there, sometimes in a half hour after doing 15 bills. I’m had to catch my breath sometimes. You and your staff are amazing. I thank you for your friendship. You stuck your neck out for me and now you’re paying a political price for it. On a personal level, you are so loyal and such a good friend. I will always remember it. We have had our differences, but I think the testament of a good friendship is when you can respectfully disagree. You have always been upfront and I couldn’t ask for anything more. Mike Nofs, who I sit on the floor with and also the chairman of our Energy and Technology Committee. I have been through three rewrites of very complicated issues. Energy and telecom are not simple issues. You are a great example of how to take a very complicated issue and workgroup them and build coalitions. Thank you so much for the person you are. You, too, were a person of your word and you always understood where I was coming from. Next, my brother, Dave Hildenbrand, chairman of the Appropriations Committee, you have always been like a younger brother. Thank you for the comment earlier but I am older so I recognize that. Thank you so much. You have been cool, even-handed, and I certainly have enjoyed representing Kent County with you and Senator McGregor. I’m an only child and I felt like I had two brothers there in Kent County. There certainly was collegiality. And then there was Darwin Booher, chair of Capital Outlay. You are one of the most underappreciated Senators that there are. You are diligent and you know your stuff. You are an amazing person. You and Patrick—I should give a shout out to Patrick—you just do the work and you don’t care about the credit. You fly under the radar and you are also amazing. Then there is the chair of the Judiciary Subcommittee, John Proos. You and I came in with differences but I can tell you that I am so happy and thank God for the comment you gave and the heart to heart talks we have had recently over the last year or two. I’m happy to be leaving calling you a friend and in peace. Thank you so much. You, too, were a great chairman. I never got to serve on the Corrections Subcommittee with you but I got to serve with you on the Judiciary Subcommittee, and it was all professional and amazing. So, thank you. Then there was the Subcommittee on Higher Education which I got to chair, and I could not ask for better vice chairs. Certainly, in my first term, Senator Hood, you were amazing and very fair. Thank you so much. On a personal note, I treasure the words that you have always said. You have kind of slowed down and I hope one of the last speeches I hear during Statements is a speech from you. Nothing would make me happier because those speeches have always weighed heavily on my heart. So know that you make a difference. Then there is also Curtis Hertel. I certainly have enjoyed the back and forth with you. You, too, are very fair. I’ve really enjoyed working with you on the committee. I would also like to thank Bill Bowerman from Senate Fiscal Agency and Tom Davis. I was successful because I had amazing people helping me out. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2397

Then there are my fellow women Senators. We were a small but mighty force of only four. Senator Judy Emmons, you are a class act. Just a class act. It’s been wonderful getting to know you better in the last two to three years. Then there is my travel buddy, Senator Rebekah Warren. Who would have thought that a liberal from Ann Arbor and a conservative from West Michigan would become the best of friends? But we found a common interest in that we love to travel. Any time you see a great deal—not on taxpayer expense, of course—you just know who to call and I will have my suitcases packed the next day. Thank you, and I echo all the comments that you are well prepared and just an amazing legislator as well. And then there is my partner up there, Margaret O’Brien, who is not only my fellow legislator who got to fill in for me when I got redistricted—thank you, Joe Hune—but a very good friend, a sister, and her, along with Mary Balkema, have just been amazing friends to me. We have been able to accomplish great things for our districts. Margaret, you’re a tremendous and articulate legislator. You have been a wonderful advocate for Kalamazoo. I couldn’t ask for somebody better equipped than you to fill my shoes that I left in Kalamazoo. I certainly have enjoyed our carpool. Unfortunately, in one fell swoop over three months and three different elections, our whole carpool was taken out. Representative Dave Maturen lost in the primary in August; I of course lost at the convention; and Margaret, you rounded out the team there in the general election. Next would be the person who has faithfully—I say faithfully because I look over there and he’s not there—would be the person who got me flowers every Valentine’s Day. Guys, you know if you start giving a woman flowers, then you have to keep up with that. If you bring her flowers for one anniversary, every anniversary you better bring her flowers. Well, Coleman Young brought me flowers one Valentine’s Day. He got all the ladies in the House flowers for Valentine’s Day. So I said, “Well, Coleman, I expect you to next year on Valentine’s Day.” Because my husband never started getting me flowers for Valentine’s Day, so he was off the hook. Coleman, he got us flowers. For ten years straight, you have been the one person who has faithfully given me flowers. I thank you and it was always exciting hearing your speeches because we were wall mates over in the Farnum Building, so I got a preview of “Madam President, let me start with a quote.” Thank you so much, Coleman. You always bring a smile to my face, and guess what, you’re off the hook for future Valentine’s Days. Senator Bieda, you and I have known each other the longest in this chamber. We go all the way back to law school when you would come in to the library and I worked at the library. Never in a million years did I ever realize that our paths would again cross like this. I can’t thank you enough. We’ve served on the Judiciary Committee all of our years. I think Judiciary was probably your passion and your number one request, along with mine. You’re a class act. I’ve enjoyed serving with you, and even more, I have enjoyed chairing the Victims’ Rights Vigil every year. I thank you for taking time out of your night. I know that means a lot to these victims who lose a loved one and are trying to find peace over an awful situation. I thank you for that. I’ve come to know so many of you in this room and I wish I could mention each of you. I was so blessed to see so many of you in action in your districts over the last two years. I know my staff was like, “Tonya, you can’t go this long.” But, I am because there were some people who were amazing. Senator Casperson, I think you took three days out of your life two or three times to drive me around the U.P., set up meetings, and set up news interviews. When you drive around the U.P. it gave me the full scope. From one district to another it takes me an hour and a half, that’s little for you. You drive like five to six hours from one city to another city. It certainly did give me a view of how important the U.P. is with different issues. I would always kid you about, “How come we can’t vote on one more wolf bill?” That is all I want to do because I think we voted on the wolf bill like eight times. I certainly appreciated the insight that I saw from you. Senator Schmidt, you too, drove me all around and introduced me to your constituents and brought me to your radio stations. I can’t thank you enough for everything that you did. Then there is the guy, Senator Green, who gets me into trouble because he talks to me. You bring me back to 5th grade when I’m talking in the back of the class because you get me in trouble with my good friend Arlan. I don’t even know what we really talk about, if there’s anything, but I’ve treasured our friendship. I’ve treasured your insight, and thank you so much for being a good friend to me and getting me in trouble in the back of the class during caucus time. Next is the Senator who I knew the least when I first started out this process one year ago. I never would have thought—I was kind of scared because I was going around and saying, “Can I have your support?” You guys were all wonderful. The one who I was dreading the most was the one who has stepped up to the plate so much, and that’s Senator Pavlov. Senator, you and I didn’t really know each other a whole lot even though we sit very close. I don’t know why we were never on the same committees, but you and Justin were Godsends to me. I can’t thank you enough. I have gotten to know you and I value our friendship. Thank you so very much. You mean the world to me. I know if I’m ever over in the Thumb I know I will call you for lunch. Thank you. Senator Robertson, I could echo the comments about the tea pot. I have always enjoyed you spinning around. You name it, I am so thankful. Just to tell you a story about Senator Robertson—when my daughter was graduating, I put out invitations to invite people. I didn’t want anybody to feel obligated, but Senator Robertson took one. The week before her graduation party, I was out in the barn, I had my hair in a ponytail, and I had just come in to write a speech because I had to give speech that next Monday or Tuesday, and I hear the doorbell. I was like, “Man, who could that be on a Saturday night at 7:00 p.m.?” I have no makeup on, I’m in a ratty sweatshirt, and I looked like death warmed over. I go down and 2398 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 peer out the window and I see this “Dave Robertson for Senate” bumper sticker. I was like, “Oh, could he be coming a week early?” Dave and his wife came a week early and then they came back the next week. Thank you so much and thanks to my husband who whipped out—we had no food in the fridge—a can of chicken, some old tortillas, and some enchilada sauce and we had a wonderful dinner. Dave, you’re welcome at my house anytime for dinner. To my former colleagues—John Walsh, John Pastor, Bruce Caswell, Shelley Taub, Chris Ward, Ed Gaffney, Bill Huizenga, and Dan Accavitti—thank you. Words cannot describe what your help, encouragement, and support have been to me. I have also been blessed to work alongside amazing leaders in the House during the course of my service. To Repre­ sentatives , Dave Maturen, Daniela Garcia, Mike McCready, Chris Afendoulis, and Senator-elect , you all have been tremendous leaders and great friends. I would also be remiss if I didn’t mention one person. He’s from my small town of Paw Paw, Richard McLellan, who from day one, since we come from the same small town, has really helped mentor me. To those who work behind the scenes preparing us for committee and tough issues, thank you to our entire policy and communication teams. Thank you to Rich and Pattrick for all the work documenting our experiences here so that we can share our work with our constituents, and I know, Pattrick, I’ve really put you through the wringer with the books and everything. Pattrick, thank you so much. Thank you to Mike Ferland, to our sergeants, and our wonderful Senate clerks and staff. Your work is often thankless but essential and I am thankful for the work you have done. To the pages, the people who clean this building, it does come alive and it’s all because of a team effort. To the Governor and the Lieutenant Governor, I thank you for your leadership. The state is better off. For all who work in my office, I could not be prouder of each and every one of you. I’m almost done here. I wanted to save the best for last because the people who have worked in my office have truly been special. I’ve had two wonderful chiefs of staff, starting with Rebecca DeVooght. She always had me in stitches laughing and people would call the office just to talk to her. They didn’t want to talk to me, they wanted to talk to her. Thank you Rebecca. You made the district better. And then Trisha Nesbitt, I don’t know what I would have done without your steady hand and your guiding influence this last year. And then, the person who has been with me the entire eight years, my district director Deb Shields. You’re amazing. You knew how to run the district and I didn’t ever question you. You were just on autopilot. If I didn’t come talk to you enough in the last year, it’s because I had enough trust in you that you just had it all under control. Then there was Amanda. I know you’re more qualified than a scheduler, but you were the best scheduler ever and I’m so happy to see that you’re coming back as a chief of staff because you are just so smart and so talented and just such a wonderful human being. And then there’s my three millennials, of which, should I communicate through group text because apparently they taught me something, that we communicate through group text. Sam, Mitch, and Stephen, you three. Sam, I know you pinch-hit for Higher Education and you have a very bright future. Mitch and Stephen, all three of you have helped me out so much in the last year and all three of you have such a bright future. Thank you so very much. In this profession, I’ve come to realize that beyond our partisanships and after the votes have been cast, the people in this room have made this experience one full of kindness, humor, and friendship that is too often not seen by the public. I wish I could mention each of you. Please know that you all have a special place in my heart. Please know this is a job that I haven’t taken lightly. It is a job which comes with immense power and ultimate responsibility. One with substantial pressure to serve and to serve well. It’s one which comes with a tremendous amount of faith and trust. It can be stressful, rewarding, and thankless, all within the same five-minute span, but for me, I would not have changed a thing with these last 14 years. During my years of service, I have proudly fought for crime victims’ rights, protecting seniors and children, sexual assault prevention, and ensuring our criminal justice system keeps our communities safe and holds offenders accountable. It has been an honor to work with law enforcement officers, prosecutors, victims’ advocates, and survivors from across the state to implement meaningful legislation. I wish I could mention them all, but my staff said, “You cannot add any more people to this,” but you know who you are. Thank you so very much. I can only hope I have executed the responsibilities of my office true to myself and true to the people I have served. God bless you all, our great state, and our nation. Thank you so much.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 1:17 p.m.

1:58 p.m.

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate Secretary of the Senate. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2399

Recess

Senator Kowall moved that the Senate recess until 3:00 p.m. The motion prevailed, the time being 1:59 p.m.

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

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 3:01 p.m.

3:23 p.m.

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

By unanimous consent the Senate returned to the order of Messages from the House

Senate Bill No. 110, entitled A bill to amend 1988 PA 226, entitled “An act to limit the powers of a local governmental unit regarding the leasing of private residential property,” by amending sec­tion 1 (MCL 123.411). 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. 1170, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) and by adding sec­tions 254 and 675 and part 4. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 914 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek 2400 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Nays—0

Excused—0

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. 1219, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sec­tion 513 (MCL 436.1513), as amended by 2009 PA 48. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 915 Yeas—35

Ananich Hildenbrand Kowall Rocca Bieda Hollier MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Conyers Hune O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Hertel Knollenberg Robertson

Nays—3

Colbeck Emmons Green

Excused—0

Not Voting—0

In The Chair: President No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2401

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. 1235, entitled A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending sec­tion 1 (MCL 41.801), as amended by 2002 PA 501. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 916 Yeas—37

Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hollier MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Conyers Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen

Nays—1

Colbeck

Excused—0

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. 2402 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Senate Bill No. 541, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tions 16221, 16226, 16323, 16601, 16605, 16621, and 16626 (MCL 333.16221, 333.16226, 333.16323, 333.16601, 333.16605, 333.16621, and 333.16626), sec­ tion 16221 as amended by 2017 PA 75, sec­tion 16226 as amended by 2017 PA 81, sec­tion 16323 as amended by 2014 PA 305, sec­tion 16605 as added by 2006 PA 429, sec­tion 16621 as amended by 2002 PA 590, and sec­tion 16626 as added by 2012 PA 289, and by adding sec­tions 16651, 16652, 16653, 16654, 16655, 16656, 16657, 16658, 16659, 16660, and 20189. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows: A bill 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 main­ tenance 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 sec­tions 16221, 16226, 16323, 16601, 16605, 16621, 16626, and 17031 (MCL 333.16221, 333.16226, 333.16323, 333.16601, 333.16605, 333.16621, 333.16626, and 333.17031), sec­tions 16221 and 16226 as amended by 2017 PA 249, sec­tion 16323 as amended by 2014 PA 305, sec­ tion 16605 as added by 2006 PA 429, sec­tion 16621 as amended by 2002 PA 590, sec­tion 16626 as added by 2012 PA 289, and sec­tion 17031 as amended by 2002 PA 643, and by adding sec­tions 16651, 16652, 16653, 16654, 16655, 16656, 16657, 16658, 16659, and 20189. 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 917 Yeas—23

Booher Hildenbrand Kowall Proos Brandenburg Hollier Marleau Schmidt Casperson Hood Meekhof Shirkey Emmons Hopgood Nofs Warren Hansen Knezek O’Brien Zorn Hertel Knollenberg Pavlov

Nays—15

Ananich Green Jones Schuitmaker Bieda Gregory MacGregor Stamas Colbeck Horn Robertson Young Conyers Hune Rocca

Excused—0 No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2403

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

Senate Bill No. 838, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending sec­tion 518 (MCL 141.2518), as amended by 2015 PA 46. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 918 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

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. 2404 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Senate Bill No. 995, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sec­tions 10 and 11h (MCL 247.660 and 247.661h), sec­tion 10 as amended and sec­tion 11h as added by 2016 PA 246. The House of Representatives has passed the bill and ordered that it be given immediate effect. 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. 1040, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sec­tion 20a (MCL 257.20a), as amended by 2012 PA 239, and by adding sec­tion 30d. 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, Senator Kowall moved that further consideration of the bill be postponed temporarily. The motion prevailed.

Senate Bill No. 1130, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sec­tions 8c and 8e (MCL 125.2688c and 125.2688e), sec­tion 8c as amended by 2006 PA 284 and sec­tion 8e as amended by 2008 PA 329. 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. 1176, entitled A bill to prohibit public agencies from requiring certain nonprofit entities to disclose personal information of their members, supporters, volunteers, and donors in certain circumstances; to limit the release of that personal information if it is obtained by a public agency; and to provide remedies. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. 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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2405

Senate Bill No. 1207, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding sec­tion 13g. 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. 304, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sec­tion 7 (MCL 205.427), as amended by 2016 PA 86. 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. 361, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sec­tions 651 and 655 (MCL 206.651 and 206.655), sec­tion 651 as amended by 2011 PA 171 and sec­tion 655 as added by 2011 PA 38. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 919 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0 2406 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Not Voting—0

In The Chair: O’Brien

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. 362, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sec­tions 653 and 657 (MCL 206.653 and 206.657), sec­tion 653 as amended by 2011 PA 183 and sec­tion 657 as added by 2011 PA 38. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 920 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2407

Senate Bill No. 1244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 20101, 20114d, 20114e, 20120a, and 20120b (MCL 324.20101, 324.20114d, 324.20114e, 324.20120a, and 324.20120b), sec­ tions 20101, 20114d, 20120a, and 20120b as amended by 2014 PA 542 and sec­tion 20114e as amended by 2014 PA 178, and by adding sec­tion 20120f. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 921 Yeas—22

Booher Hildenbrand Meekhof Robertson Brandenburg Horn Nofs Schmidt Casperson Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Marleau

Nays—16

Ananich Gregory Hopgood Rocca Bieda Hertel Hune Schuitmaker Colbeck Hollier Knezek Warren Conyers Hood MacGregor Young

Excused—0

Not Voting—0

In The Chair: O’Brien

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. 100, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sec­tions 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may 2408 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sec­tions 2421b, 2421c, 2421d, 2421e, and 3212 (MCL 600.2421b, 600.2421c, 600.2421d, 600.2421e, and 600.3212), sec­tions 2421b, 2421c, 2421d, and 2421e as added by 1984 PA 197 and sec­tion 3212 as amended by 2011 PA 301, and by adding sec­tion 2979. 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 substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 922 Yeas—28

Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Gregory Kowall Proos Zorn

Nays—10

Ananich Hertel Hopgood Warren Bieda Hollier Knezek Young Conyers Hood

Excused—0

Not Voting—0

In The Chair: O’Brien

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

Senate Bill No. 101, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sec­tions 71, 72, 80, 87, 115, 122, and 123 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, 24.322, and 24.323), sec­tion 71 as amended by 1984 PA 28, sec­tion 80 as amended and sec­tion 123 as added by 1984 PA 196, sec­tion 115 as amended by 1996 PA 489, and sec­tion 122 as amended by 2011 PA 247. The 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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2409

Senate Bill No. 822, entitled A bill to clarify certain powers of the governor; and to impose certain duties on certain state officials. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. 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 Motions and Communications

Senator Kowall moved that the enrollment be vacated on the following bill: Senate Bill No. 844, entitled A bill 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 33a of chapter IX (MCL 769.33a), as added by 2014 PA 465. The motion prevailed. Senator Kowall moved to reconsider the vote by which the House amendment was concurred in. The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate returned to the order of Messages from the House

The House of Representatives respectfully requests the Senate to return the following: Senate Bill No. 844, entitled A bill 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 33a of chapter IX (MCL 769.33a), as added by 2014 PA 465. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. 2410 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 6498 House Bill No. 6499 The motion prevailed, a majority of the members serving voting therefor.

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 Assistant President pro tempore, Senator O’Brien, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5090, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sec­tion 724 (MCL 257.724), as amended by 2016 PA 450.

House Bill No. 5680, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tions 27 and 34d (MCL 211.27 and 211.34d), sec­tion 27 as amended by 2013 PA 162 and sec­tion 34d as amended by 2014 PA 164.

House Bill No. 5143, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tion 9i (MCL 211.9i), as added by 2002 PA 549.

House Bill No. 6090, entitled A bill to amend 1939 PA 342, entitled “County public improvement act of 1939,” by amending sec­tion 6 (MCL 46.176).

House Bill No. 6403, entitled A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; to create the county veteran service fund and to provide for contributions to and expenditures from that fund; and to transfer the powers and duties of the soldiers’ relief commission in those counties,” by amending sec­tion 3a (MCL 35.623a), as added by 2018 PA 210.

House Bill No. 6129, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sec­tion 7704 (MCL 700.7704), as added by 2009 PA 46, and by adding sec­tion 7703b.

House Bill No. 6130, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sec­tion 7703a.

House Bill No. 6131, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sec­tions 7103, 7105, 7108, 7411, and 7703 (MCL 700.7103, 700.7105, 700.7108, 700.7411, and 700.7703), sec­tion 7103 as amended by 2012 PA 483, sec­tions 7105 and 7411 as amended by 2010 PA 325, and sec­tions 7108 and 7703 as added by 2009 PA 46; and to repeal acts and parts of acts. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2411

House Bill No. 6049, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tions 10d, 10e, and 28 (MCL 211.10d, 211.10e, and 211.28), sec­tion 10d as amended by 1984 PA 19, sec­tion 10e as added by 1986 PA 223, and sec­ tion 28 as amended by 2006 PA 143, and by adding sec­tion 10g.

House Bill No. 6485, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sec­tions 30, 36, and 623 (MCL 206.30, 206.36, and 206.623), sec­tion 30 as amended by 2018 PA 38, sec­tion 36 as amended by 2011 PA 38, and sec­tion 623 as amended by 2014 PA 13.

House Bill No. 5647, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 13521 (MCL 333.13521), as amended by 1989 PA 56, and by adding sec­tion 13527.

House Bill No. 6016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5101 (MCL 333.5101), as amended by 2016 PA 63.

House Bill No. 6018, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5133 (MCL 333.5133), as amended by 2010 PA 320.

House Bill No. 6019, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5131 (MCL 333.5131), as amended by 2010 PA 119.

House Bill No. 6020, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5210 (MCL 333.5210), as added by 1988 PA 490.

House Bill No. 6021, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sec­tion 13k of chapter XVII (MCL 777.13k), as amended by 2016 PA 387.

House Bill No. 6023, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5114 (MCL 333.5114), as amended by 2004 PA 514.

House Bill No. 5941, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending sec­tion 7a (MCL 29.7a) and by adding section­ 7d.

House Bill No. 6499, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sec­tion 102 (MCL 125.3102), as amended by 2008 PA 12.

House Bill No. 6498, entitled A bill to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair 2412 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sec­tions 1, 2, 3, 4, 6, 7, 8, 13, 14, 15, 16, 17, 19, and 22a (MCL 445.1561, 445.1562, 445.1563, 445.1564, 445.1566, 445.1567, 445.1568, 445.1573, 445.1574, 445.1575, 445.1576, 445.1577, 445.1579, and 445.1582a), sec­tions 2, 3, and 4 as amended by 2010 PA 140, sec­tion 6 as amended by 2010 PA 139, sec­tion 13 as amended by 2010 PA 141, sec­tion 14 as amended by 2014 PA 354, sec­tions 15 and 17 as amended by 2010 PA 138, sec­tions 16 and 19 as amended by 1983 PA 188, and sec­tion 22a as added by 1998 PA 456, and by adding sec­tions 14b, 17a, and 17b. 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. 4522, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sec­tion 30 (MCL 206.30), as amended by 2018 PA 38. 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: House Bill No. 4602, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sec­tions 302, 352, 354, 355, 356, 358, and 367b (MCL 18.1302, 18.1352, 18.1354, 18.1355, 18.1356, 18.1358, and 18.1367b), sec­tions 352, 354, 355, and 356 as amended by 1999 PA 8, sec­tion 358 as amended by 2014 PA 188, and sec­tion 367b as amended by 2011 PA 47; and to repeal acts and parts of acts. 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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 48703, 48705, 48710, 48711, 48712, 48721, and 48734 (MCL 324.48703, 324.48705, 324.48710, 324.48711, 324.48712, 324.48721, and 324.48734), sec­tion 48703 as amended by 2012 PA 471, sec­tions 48705 and 48710 as amended by 2018 PA 36, sec­tions 48711, 48712, and 48734 as added by 1995 PA 57, and sec­tion 48721 as amended by 2010 PA 30; and to repeal acts and parts of acts. 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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 6374, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 468 and 520 (MCL 280.468 and 280.520). 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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 6375, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 395, 478, and 530 (MCL 280.395, 280.478, and 280.530). 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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2413

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 6376, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 72, 105, 122, 123, 247, and 307 (MCL 280.72, 280.105, 280.122, 280.123, 280.247, and 280.307), sec­tion 72 as amended by 1987 PA 60 and sec­tion 307 as amended by 2016 PA 115. Substitute (S-3). 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: House Bill No. 6377, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 101, 102, 103, 191, and 192 (MCL 280.101, 280.102, 280.103, 280.191, and 280.192), sec­tion 101 as amended by 2014 PA 551. 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: House Bill No. 5913, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sec­tion 4q (MCL 205.54q), as amended by 2012 PA 573. 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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 6053, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sec­tion 7 (MCL 211.1057), as amended by 2017 PA 262. 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: House Bill No. 6054, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sec­tion 7 (MCL 211.1077), as amended by 2017 PA 263. 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: House Bill No. 6017, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5114a (MCL 333.5114a), as amended by 2004 PA 514. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 6, after “section.” by inserting “EXCEPT AS OTHERWISE REQUIRED BY FEDERAL LAW, THE REPORTS, RECORDS, AND DATA OF A LOCAL HEALTH DEPARTMENT, STORED ON THE LOCAL HEALTH DEPARTMENT’S SERVER OR CONTAINED IN ITS PAPER FILES, PERTAINING TO INFORMATION ACQUIRED BY THE LOCAL HEALTH DEPARTMENT UNDER THIS SECTION, MUST BE DESTROYED WITHIN 365 DAYS AFTER THE DATE THE LOCAL HEALTH DEPARTMENT RECEIVED THE INFORMATION.”. 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. 2414 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 6022, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5123 (MCL 333.5123), as amended by 2016 PA 68. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 2, line 22, after “tested.” by inserting “THE WOMAN MAY ORALLY COMMUNICATE HER DECISION TO DECLINE THE TESTING.”. 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: House Bill No. 5939, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sec­tions 2, 4, 5, 6, 8, 10, 11, 12, 14, 15, 16, 17, 17a, 18a, 18b, and 18c (MCL 28.452, 28.454, 28.455, 28.456, 28.458, 28.460, 28.461, 28.462, 28.464, 28.465, 28.466, 28.467, 28.467a, 28.468a, 28.468b, and 28.468c), sec­tions 2, 8, and 17 as amended and sec­tions 17a, 18b, and 18c as added by 2012 PA 257, sec­tions 4, 5, 10, 12, and 18a as amended by 2013 PA 65, and sec­tion 11 as amended by 2017 PA 145; and to repeal acts and parts of acts. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 15, line 5, after “A” by striking out “$100.00” and inserting “$50.00”. 2. Amend page 16, line 11, after “IF” by inserting “THE PERSON IS A RETAILER OF LOW-IMPACT FIREWORKS AND”. 3. Amend page 16, line 21, after “certificate” by inserting “OR THAT IS A RETAILER OF LOW-IMPACT FIREWORKS”. 4. Amend page 17, line 1, after “CERTIFICATE” by inserting “OR WHO IS A RETAILER OF LOW-IMPACT FIREWORKS”. 5. Amend page 17, line 21, after “IF” by inserting “THE PERSON IS A RETAILER OF LOW-IMPACT FIREWORKS AND”. 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 amendments, the following bill: House Bill No. 5940, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sec­tion 7 (MCL 28.457), as amended by 2013 PA 65. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 16, after “UNTIL” by striking out “11:30” and inserting “11:45”. 2. Amend page 2, line 17, after “UNTIL” by striking out “11:30” and inserting “11:45”. 3. Amend page 2, line 18, after “UNTIL” by striking out “11:30” and inserting “11:45”. 4. Amend page 2, line 21, after “UNTIL” by striking out “11:30” and inserting “11:45”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of Messages from the House

Senate Bill No. 1040, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sec­tion 20a (MCL 257.20a), as amended by 2012 PA 239, and by adding sec­tion 30d. (This bill was returned from the House without amendment earlier today and the recommendation for immediate effect postponed. See p. 2404.) 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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2415

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: House Bill No. 5680 House Bill No. 5143 House Bill No. 6090 House Bill No. 4602 House Bill No. 5866 House Bill No. 6403 House Bill No. 6374 House Bill No. 6375 House Bill No. 6376 House Bill No. 6377 House Bill No. 5913 House Bill No. 6049 House Bill No. 6053 House Bill No. 6054 House Bill No. 5647 House Bill No. 6016 House Bill No. 6017 House Bill No. 6018 House Bill No. 6019 House Bill No. 6020 House Bill No. 6021 House Bill No. 6022 House Bill No. 6023 House Bill No. 6499 House Bill No. 6498 The motion prevailed, a majority of the members serving voting therefor.

Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5454 House Bill No. 5372 House Bill No. 5926 House Bill No. 6063 House Bill No. 5098 House Bill No. 6520 House Bill No. 6122 House Bill No. 6153 House Bill No. 6406 House Bill No. 6491 House Bill No. 5680 House Bill No. 5143 House Bill No. 6090 House Bill No. 4602 House Bill No. 5866 House Bill No. 6403 House Bill No. 6374 House Bill No. 6375 House Bill No. 6376 House Bill No. 6377 House Bill No. 5913 House Bill No. 6049 House Bill No. 6053 House Bill No. 6054 2416 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

House Bill No. 5647 House Bill No. 6016 House Bill No. 6017 House Bill No. 6018 House Bill No. 6019 House Bill No. 6020 House Bill No. 6021 House Bill No. 6022 House Bill No. 6023 House Bill No. 6499 House Bill No. 6498 The motion prevailed.

The following bill was read a third time: House Bill No. 5454, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tion 7cc (MCL 211.7cc), as amended by 2018 PA 133. 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. 923 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2417 certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5372, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sec­tion 625b (MCL 257.625b), as amended by 2008 PA 462. 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. 924 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title. 2418 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

The following bill was read a third time: House Bill No. 5926, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sec­tion 34d (MCL 791.234d), as amended by 2017 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. 925 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6063, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding sec­ tion 205d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2419

Roll Call No. 926 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5098, entitled A bill to amend 1925 PA 368, entitled “An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act,” by amending sec­ tion 13 (MCL 247.183), as amended by 2005 PA 103. 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. 927 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas 2420 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. 6520, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17A and sec­tion 3032. 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. 928 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2421

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6122, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tion 11506 (MCL 324.11506), as amended by 2014 PA 178. 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. 929 Yeas—33

Ananich Hertel Knollenberg Proos Bieda Hildenbrand Kowall Robertson Booher Hollier MacGregor Rocca Brandenburg Hopgood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Jones O’Brien Stamas Green Knezek Pavlov Zorn Hansen

Nays—5

Conyers Hood Warren Young Gregory 2422 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Excused—0

Not Voting—0

In The Chair: O’Brien

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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6153, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tion 702 (MCL 324.702), as added by 1995 PA 60; and to repeal acts and parts of acts. 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. 930 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2423

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was announced: House Bill No. 6406, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending the title and sec­tion 3 (MCL 445.63), the title as amended by 2006 PA 566 and sec­tion 3 as amended by 2010 PA 318, and by adding sec­tion 4; and to repeal acts and parts of acts. (This bill was read a third time on December 18 and consideration postponed. See Senate Journal No. 80, p. 2356.) The question being on the passage of the bill, Senator Brandenburg offered the following substitute: Substitute (S-4). The substitute was adopted, a majority of the members serving 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. 931 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 prohibit certain acts and practices concerning identity theft; to require notification of a security breach of a database that contains certain personal information; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 2424 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

The following bill was announced: House Bill No. 6491, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 5A. (This bill was read a third time on December 18 and consideration postponed. See Senate Journal No. 80, p. 2356.) 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. 932 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2425 of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5680, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tions 27 and 34d (MCL 211.27 and 211.34d), sec­tion 27 as amended by 2013 PA 162 and sec­tion 34d as amended by 2014 PA 164. 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. 933 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 2426 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

The following bill was read a third time: House Bill No. 5143, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tion 9i (MCL 211.9i), as added by 2002 PA 549. 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. 934 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6090, entitled A bill to amend 1939 PA 342, entitled “County public improvement act of 1939,” by amending sec­tion 6 (MCL 46.176). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2427

Roll Call No. 935 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 authorize counties to establish and provide water, sewer, or sewage disposal improvements and services within or between cities, villages, townships, charter townships, or any duly authorized and established combinations thereof, within or without the county, and to establish and provide garbage or rubbish collection and disposal facilities and services for such units of government or combinations thereof, and for such purposes to acquire, purchase, construct, own, maintain, or operate water mains and trunk and connecting lines, water pumping and purification plants, sewers, sewage interceptors, sewage disposal plants, settling basins, screens and meters, and incinerators and disposal grounds; to authorize counties to establish, administer, coordinate, and regulate a system or systems of water, sewer, or sewage disposal improvements and services, and garbage and rubbish collection and disposal facilities and services, within or between such units of government; to provide methods for obtaining money for the aforesaid purposes; to authorize counties to extend by laterals and connections, and to construct, improve, repair, manage, or operate water, sewer, or sewage disposal improvements and garbage and rubbish collection and disposal facilities and services of and situated within such cities, villages, townships, charter townships, or any duly authorized and established combination thereof, and provide for the loan of money to such units of government for the purposes and the repayment thereof by agreements therefor; to provide methods for collection of rates, charges, or assessments; to authorize counties to enter into contracts with any unit of government providing for the acquisition, construction, and financing of improvements or facilities and for the pledge of the full faith and credit of each unit of government for the payment of their respective shares of the cost thereof; to authorize each unit of government having power to tax to impose taxes without limitation as to rate or amount for the payment of contract obligations in anticipation of which bonds are issued; to authorize counties to issue bonds secured by the full faith and credit pledges of each unit of government; to authorize counties to pledge their full faith and credit as additional security on such bonds and to impose taxes without limitation as to rate or amount to the extent necessary for the payment of such bonds; to authorize counties to issue revenue bonds and to pledge their full faith and credit as additional security for the payment of such revenue bonds; to validate action taken and bonds issued; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 4602, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sec­tions 302, 352, 354, 355, 356, 358, and 367b (MCL 18.1302, 18.1352, 18.1354, 18.1355, 18.1356, 18.1358, and 18.1367b), sec­tions 352, 354, 2428 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

355, and 356 as amended by 1999 PA 8, sec­tion 358 as amended by 2014 PA 188, and sec­tion 367b as amended by 2011 PA 47; and to repeal acts and parts of acts. 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. 936 Yeas—26

Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor

Nays—12

Ananich Gregory Hood Rocca Bieda Hertel Hopgood Warren Conyers Hollier Knezek Young

Excused—0

Not Voting—0

In The Chair: O’Brien

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 prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 48703, 48705, 48710, 48711, 48712, 48721, and 48734 (MCL 324.48703, 324.48705, 324.48710, 324.48711, 324.48712, 324.48721, and 324.48734), sec­tion 48703 as amended by 2012 PA 471, sec­tions 48705 and 48710 as amended by 2018 PA 36, sec­tions 48711, 48712, and 48734 as added by 1995 PA 57, and sec­tion 48721 as amended by 2010 PA 30; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2429

Roll Call No. 937 Yeas—37

Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Rocca Booher Hildenbrand Kowall Schmidt Brandenburg Hollier MacGregor Schuitmaker Casperson Hood Marleau Shirkey Colbeck Hopgood Meekhof Stamas Conyers Horn Nofs Warren Emmons Hune O’Brien Young Green Jones Pavlov Zorn Gregory

Nays—0

Excused—0

Not Voting—1

Robertson

In The Chair: O’Brien

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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6403, entitled A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; to create the county veteran service fund and to provide for contributions to and expenditures from that fund; and to transfer the powers and duties of the soldiers’ relief commission in those counties,” by amending sec­tion 3a (MCL 35.623a), as added by 2018 PA 210. 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. 938 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker 2430 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. 6374, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 468 and 520 (MCL 280.468 and 280.520). 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. 939 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2431

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 codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6375, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 395, 478, and 530 (MCL 280.395, 280.478, and 280.530). 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. 940 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the 2432 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6376, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 72, 105, 122, 123, 154, 247, and 307 (MCL 280.72, 280.105, 280.122, 280.123, 280.154, 280.247, and 280.307), sec­tion 72 as amended by 1987 PA 60, sec­tion 154 as amended by 2010 PA 339, and sec­tion 307 as amended by 2016 PA 115. 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. 941 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2433

The following bill was read a third time: House Bill No. 6377, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sec­tions 101, 102, 103, 191, and 192 (MCL 280.101, 280.102, 280.103, 280.191, and 280.192), sec­tion 101 as amended by 2014 PA 551. 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. 942 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5913, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sec­tion 4q (MCL 205.54q), as amended by 2012 PA 573. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 4, following line 8, by inserting: “Enacting sec­tion 2. It is the intent of the legislature to annually appropriate sufficient funds from the state general fund to the state school aid fund created in sec­tion 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. 2434 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

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. 943 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6049, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sec­tions 10d, 10e, and 28 (MCL 211.10d, 211.10e, and 211.28), sec­tion 10d as amended by 1984 PA 19, sec­tion 10e as added by 1986 PA 223, and sec­ tion 28 as amended by 2006 PA 143, and by adding sec­tion 10g. 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. 944 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2435

Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6053, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sec­tion 7 (MCL 211.1057), as amended by 2017 PA 262. 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. 945 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0 2436 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Excused—0

Not Voting—0

In The Chair: O’Brien

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 levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6054, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sec­tion 7 (MCL 211.1077), as amended by 2017 PA 263. 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. 946 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2437

The following bill was read a third time: House Bill No. 5647, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 13521 (MCL 333.13521), as amended by 1989 PA 56, and by adding sec­tion 13527. 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. 947 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5101 (MCL 333.5101), as amended by 2016 PA 63. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2438 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Roll Call No. 948 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6017, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5114a (MCL 333.5114a), as amended by 2004 PA 514. 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. 949 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2439

Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6018, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5133 (MCL 333.5133), as amended by 2010 PA 320. 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. 950 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey 2440 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6019, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5131 (MCL 333.5131), as amended by 2010 PA 119. 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. 951 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2441

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6020, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5210 (MCL 333.5210), as added by 1988 PA 490. 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. 952 Yeas—35

Ananich Gregory Knollenberg Robertson Bieda Hansen Kowall Rocca Booher Hertel MacGregor Schmidt Brandenburg Hildenbrand Marleau Shirkey Casperson Hollier Meekhof Stamas Colbeck Hood Nofs Warren Conyers Hopgood O’Brien Young Emmons Horn Pavlov Zorn Green Knezek Proos

Nays—3

Hune Jones Schuitmaker 2442 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

Excused—0

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6021, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sec­tion 13k of chapter XVII (MCL 777.13k), as amended by 2016 PA 387. 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. 953 Yeas—33

Ananich Hansen Knollenberg Proos Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Shirkey Casperson Hood Meekhof Stamas Colbeck Hopgood Nofs Warren Conyers Horn O’Brien Young Green Knezek Pavlov Zorn Gregory

Nays—5

Emmons Jones Robertson Schuitmaker Hune

Excused—0 No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2443

Not Voting—0

In The Chair: O’Brien

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6022, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5123 (MCL 333.5123), as amended by 2016 PA 68. 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. 954 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien 2444 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6023, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sec­tion 5114 (MCL 333.5114), as amended by 2004 PA 514. 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. 955 Yeas—36

Ananich Gregory Jones Proos Bieda Hansen Knezek Robertson Booher Hertel Kowall Rocca Brandenburg Hildenbrand MacGregor Schmidt Casperson Hollier Marleau Shirkey Colbeck Hood Meekhof Stamas Conyers Hopgood Nofs Warren Emmons Horn O’Brien Young Green Hune Pavlov Zorn

Nays—2

Knollenberg Schuitmaker

Excused—0

Not Voting—0

In The Chair: O’Brien No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2445

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 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,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6499, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sec­tion 102 (MCL 125.3102), as amended by 2008 PA 12. 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. 956 Yeas—37

Ananich Hansen Knezek Robertson Bieda Hertel Knollenberg Rocca Booher Hildenbrand Kowall Schmidt Brandenburg Hollier MacGregor Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory

Nays—1

Marleau

Excused—0

Not Voting—0

In The Chair: O’Brien 2446 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

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 codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6498, entitled A bill to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sec­tions 1, 2, 3, 4, 6, 7, 8, 13, 14, 15, 16, 17, 19, and 22a (MCL 445.1561, 445.1562, 445.1563, 445.1564, 445.1566, 445.1567, 445.1568, 445.1573, 445.1574, 445.1575, 445.1576, 445.1577, 445.1579, and 445.1582a), sec­tions 2, 3, and 4 as amended by 2010 PA 140, sec­tion 6 as amended by 2010 PA 139, sec­tion 13 as amended by 2010 PA 141, sec­tion 14 as amended by 2014 PA 354, sec­tions 15 and 17 as amended by 2010 PA 138, sec­tions 16 and 19 as amended by 1983 PA 188, and sec­tion 22a as added by 1998 PA 456, and by adding sec­tions 14b, 17a, and 17b. 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. 957 Yeas—38

Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek

Nays—0

Excused—0

Not Voting—0

In The Chair: O’Brien

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. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2447

Announcements of Printing and Enrollment

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 18, for his approval the following bills: Enrolled Senate Bill No. 1195 at 11:12 a.m. Enrolled Senate Bill No. 1196 at 11:14 a.m. Enrolled Senate Bill No. 922 at 11:16 a.m.

Committee Reports

The Committee on Families, Seniors and Human Services reported House Bill No. 6499, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sec­tion 102 (MCL 125.3102), as amended by 2008 PA 12. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Gregory Nays: None The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported House Bill No. 6252, entitled A bill to create a suicide prevention commission within the legislative council and to prescribe its powers and duties; and to prescribe the powers and duties of certain state officers and entities. 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. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following: Meeting held on Tuesday, December 18, 2018, at 12:30 p.m., Room 1100, Binsfeld Office Building Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Excused: Senator Hopgood

The Committee on Regulatory Reform reported House Bill No. 6498, entitled A bill to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sec­tions 1, 2, 3, 4, 6, 7, 8, 13, 14, 15, 16, 17, 19, and 22a (MCL 445.1561, 445.1562, 445.1563, 445.1564, 445.1566, 445.1567, 445.1568, 445.1573, 445.1574, 445.1575, 445.1576, 445.1577, 445.1579, and 445.1582a), sec­tions 2, 3, and 4 as amended by 2010 PA 140, sec­tion 6 as amended by 2010 PA 139, sec­tion 13 as amended by 2010 PA 141, sec­tion 14 as amended by 2014 2448 JOURNAL OF THE SENATE [December 19, 2018] [No. 81

PA 354, sec­tions 15 and 17 as amended by 2010 PA 138, sec­tions 16 and 19 as amended by 1983 PA 188, and sec­tion 22a as added by 1998 PA 456, and by adding sec­tions 14b, 17a, and 17b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Knezek Nays: None The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following: Meeting held on Wednesday, December 19, 2018, at 1:00 p.m., Room 1100, Binsfeld Office Building Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Knezek Excused: Senator Hollier

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following: Meeting held on Wednesday, December 19, 2018, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Young and Hollier Excused: Senator Shirkey

Senator Kowall moved that the Senate adjourn. The motion prevailed, the time being 6:59 p.m.

The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, December 20, 2018, at 10:00 a.m.

JEFFREY F. COBB Secretary of the Senate