No. 36
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Wednesday, April 19, 2017.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—excused O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—excused 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
Monsignor John Budde of St. Mary Our Lady of the Snows Parish of Milford offered the following invocation:
God of power, might, wisdom, justice, mercy, and giver of every good gift, bless this body at the beginning of their session today. Give to these women and men wisdom in their deliberations, clarity in their thinking, and civility in their debate. Help them to be unified in their concern for the common good and their sensitivity to the needs of all people. Inspire them to act fairly, humanely, and compassionately. Give them open minds and listening ears to various opinions and suggestions. May their considerations be marked by wisdom and not rhetoric; generosity, not indifference; and justice, not patronage. Gracious God, may this body recognize that ultimate authority rests in You, and so guide them to act in a way that helps to bring about freedom, justice, and a better life for all according to Your will and for the sake of Your kingdom. As we have just celebrated Passover and Easter, we ask You, Lord, to help this body to enact laws that will protect the lives of Your people; that will help to free them from distress, poverty, homelessness, and hunger; and to enact those laws that will help to enhance the lives of all people.
We pray all this in Jesus’ name, who is Lord forever and ever. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Bieda moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senators Hood and Conyers be excused from today’s session.
The motion prevailed.
Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Knezek’s statement is as follows:
One of my favorite and simultaneously least favorite days in this Chamber is when I get to rise and recognize those individuals who have served within my office for a period of time. Of course, we are heading into spring, which means we’re heading into the end of an academic semester, which means I’m losing two fantastic individuals from my office. The job of an intern in the Legislature is perhaps not the most glamorous job in the world; it requires a lot of work. It is really gritty. Some of the things are things that you would rather be spent doing at another time or somewhere else.
I’ve been so blessed to have Hakeem Hasan and Soujoud Hamade in my office for the last couple semesters. They have done the job with distinction, they have done the job with integrity, and they have done the job with kindness. I wanted to make sure that I could rise today to make sure that my colleagues had the opportunity to thank them, and to recognize them for their service and their sacrifice for the residents of the 5th District.
I ask my colleagues to join me today in thanking Soujoud and thanking Hakeem for their fantastic service to the state of Michigan.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Nofs admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Young entered the Senate Chamber.
The Secretary announced that the following bills were printed and filed on Tuesday, April 18, and are available at the Michigan Legislature website:
Senate Bill Nos. 298 299 300 301
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Nofs offered the following resolution:
Senate Resolution No. 42.
A resolution to commemorate the 100th Anniversary of the Michigan State Police.
Whereas, The Michigan State Police was first organized as the Michigan State Troops Permanent Force in 1917 for the purpose of domestic security and moved to permanent status under 1919 PA 26. During the early years, the Michigan State Police protected the homeland during the Great War, provided traffic patrol and general rural law enforcement, and enforced prohibition law. Over the last century, the department evolved to further serve the citizens of Michigan, eventually becoming recognized as a world-class leader in law enforcement; and
Whereas, The professionalism and efficiency of the Michigan State Police were noted nationally as the department took the lead in several key initiatives, including the development of one of the world’s leading public safety two-way radio communications systems, the Michigan Public Safety Communications System, which is the largest public safety communications system in North America; and
Whereas, Throughout its history, the Michigan State Police has undergone several transformations to advance its reputation for service through excellence, integrity, and courtesy. Following the terrorist attacks of September 2001, the director of the Michigan State Police was designated as the State Director of Homeland Security to reflect the state’s need to become better prepared for terrorism and incidents involving weapons of mass destruction. When faced with rising crime in our state’s urban cities, the department developed a crime reduction plan known as the Secure Cities Partnership that has resulted in double-digit declines in violent crime to the benefit of the entire state; and
Whereas, The Michigan State Police is an agency that has continued to excel in the face of change and, when not probing for crime solutions, has taken on new duties in the area of crime prevention. As technological advances progress each year, the department continues to lead in high technology, as evidenced by the creation of the Michigan Cyber Command Center and Biometrics and Identification Division to emphasize the critical roles new scientific and technological advances play in the future of public safety; and
Whereas, The Michigan State Police recognizes that collaboration with its public safety partners is essential. The Statewide Records Management System was established in 2013 to provide law enforcement and correctional facilities with an all-inclusive information sharing tool. The opportunity for agencies across the state to share information from incident and arrest reports, as well as other records maintained by the system, is invaluable; and
Whereas, The Michigan State Police is dedicated to building a diverse workforce and being inclusive to all of Michigan’s residents, with special interest dedicated to serving the youth population. In 2003, the agency saw the appointment of its first African-American director; in 2006, the first Hispanic director; and in 2011, the first female director. The Michigan State Police created the Michigan Youth Leadership Academy to provide teens with the opportunity to learn leadership and decision-making skills, as well as build positive relationships with law enforcement officers. In 2008, the Michigan Youth Leadership Academy received the International Association of Chiefs of Police Civil Rights Award; and
Whereas, The Michigan State Police is committed to building strong relationships with the communities it serves and fostering trust with the citizens served. Each of its 30 posts host a Citizens’ Academy to give residents a first-hand look at a trooper’s duties and the opportunity to meet the people who put on the uniform every day. The Michigan State Police is the first state police agency in the nation to offer this opportunity at each of its posts; and
Whereas, The Michigan State Police is a leader in the fight against heroin and opiate-based prescription drug abuse. In 2016, the Angel Program was offered at the Gaylord Post, allowing an individual struggling with drug addiction to visit the post to ask for assistance without fear of prosecution and be guided through a professional substance abuse assessment and intake process to ensure proper treatment placement. The Angel Program is now accessible in 19 northern Michigan counties, and is expected to expand statewide by the end of 2017; and
Whereas, Throughout the years, the Michigan State Police has mobilized many times to maintain order, protect property, and provide emergency relief. Michigan citizens have come to rely on these valiant law enforcement officers in times of civil disorder, or personal distress, and their trust has been well founded. We are indeed fortunate and grateful for the contributions of the members of the Michigan State Police to the people of this state; now, therefore, be it
Resolved by the Senate, That an accolade of tribute be hereby accorded to commemorate the 100th Anniversary of the Michigan State Police; and be it further
Resolved, That a copy of this resolution be transmitted to Colonel Kriste Kibbey Etue, director of the Michigan State Police, and to the members of this greatly respected department as evidence of the high regard and esteem held for them by the Michigan Legislature and the people of the state of Michigan that they serve.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Colbeck, Emmons, Gregory, Hansen, Hertel, Hildenbrand, Hopgood, Horn, Hune, Johnson, Jones, Knezek, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, O’Brien, Pavlov, Proos, Robertson, Rocca, Schmidt, Schuitmaker, Shirkey, Stamas, Warren, Young and Zorn were named co‑sponsors of the resolution.
Senator Nofs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Nofs’ statement is as follows:
It is a special pleasure to stand before you today and recognize the Michigan State Police on their 100th anniversary. The Michigan State Troops Permanent Force was established in 1917. In the subsequent 100 years, the Michigan State Police developed an outstanding reputation for public service and law enforcement in our entire state.
I consider it a tremendous honor to be a part of this organization, and I am extremely proud to celebrate this important day with Colonel Kriste Kibbey Etue, who is with me here today and who has been a steadfast leader of the Michigan State Police since 2011. I look forward to her leadership in the years to come. Colonel, I also, like the new hats that we have this year. Congratulations on that. I run into your members frequently from time to time—if anybody knows my driving habits. I’m still a trooper; I forget there’s a speed limit.
The Michigan State Police has maintained an extraordinary level of respect in the community thanks to their professionalism and dedication. For those of you who don’t know, they undergo rigorous training and are often on the front lines each and every day fighting for all of us against crime and keeping us safe from becoming a victim.
The role of the Michigan State Police is typically thankless, and all of the men and women who serve in the Michigan State Police would tell you that, “they’re just doing their job,” but today, let’s rise and thank them for 100 years of outstanding service to the people of Michigan. After today’s session, please join us in the Speaker’s Library for a reception honoring all of the Michigan State Police troopers, post commanders, and civilian personnel who are here today with us up in the Gallery and will be in the building throughout the day.
Finally, I’d request if we could all stand for a moment of silence to remember all of the members of the Michigan State Police who gave their lives in the line of duty over the last 100 years. As we usually say when we honor, and I always say, we shall never forget them.
A moment of silence was observed in memory of fallen Michigan State Police personnel.
Senators Schuitmaker, Warren, Bieda, O’Brien, Brandenburg, Nofs, Kowall, Rocca, Proos, Schmidt, Hopgood, Emmons and Jones offered the following resolution:
Senate Resolution No. 43.
A resolution to recognize April 2017 as Campus Sexual Assault Awareness and Prevention Month.
Whereas, Campus sexual violence is a prevalent and serious public health concern and according to an Association of American Universities (AAU) report, 11.2 percent of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students); and
Whereas, Among undergraduate students, 23.1 percent of females and 5.4 percent of males experience rape or sexual assault through physical force, violence, or incapacitation; and
Whereas, A report by the U.S. Department of Justice found that only 20 percent of female student survivors age 18-24 report to law enforcement; and
Whereas, The long-term effects of sexual assault can impact students in a variety of ways including physically, mentally, and academically; and
Whereas, Colleges and universities are in a unique position to help create and foster an environment where sexual abuse is intolerable and prevention is a priority; and
Whereas, Effective strategies can help address the root causes of sexual violence and a change in culture is crucial to ending campus sexual assault; and
Whereas, We must work with our colleges and universities to educate our entire population about what can be done to prevent sexual assault, support survivors, and ensure that survivors are not re-victimized; and
Whereas, When we actively increase education, awareness, and community involvement, we can help prevent sexual violence and create a safer environment for everyone; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 2017 as Campus Sexual Assault Awareness and Prevention Month; and be it further
Resolved, That the Senate strongly supports the efforts of national, state, and local partners, and of every citizen, to actively engage in public and private efforts to prevent sexual violence on college campuses and will take appropriate action and support one another to create a safer environment for students, faculty, staff, and surrounding communities.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Booher, Casperson, Colbeck, Hansen, Hildenbrand, Knezek, Knollenberg, MacGregor, Marleau and Zorn were named co‑sponsors of the resolution.
Senators Warren and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Warren’s statement is as follows:
I rise today offering a resolution to recognize this month, April, as Sexual Assault Awareness Month. Sexual assault is not confined to certain neighborhoods or limited by demographics. It affects everyone throughout our state. According to our good friends at the Michigan State Police—many members are here today being honored on their 100th anniversary—the statistics around sexual assault in Michigan are staggering. 11,873 sexual assaults were reported to law enforcement in 2013, but we know that these assaults are very significantly underreported. In fact, it’s one of the most underreported crimes that we have. Researchers indicate that as few as 20 percent of survivors ever contact law enforcement. One of the most important things that we can do as a Legislature is let people know that this is happening and that it’s a real problem. We need to encourage those who have been victimized to report when they have been assaulted and we need to make sure that those on the front lines respond to victims timely, appropriately, and compassionately. We must work together to educate our community about preventing sexual violence, supporting survivors, and speaking out against harmful attitudes and actions, even before they rise to the level of sexual assault.
Senator Schuitmaker’s statement is as follows:
As you all know, the problem of sexual assault is especially serious on college campuses. The good news is that we have a lot of positive progress being made here in Michigan. More victims are reporting assaults, universities are increasing their role in educating students on sexual assault prevention, and they’re acting quickly to respond to assaults when they do happen. Perhaps most importantly, communities of students across every college and university in our state are coming together to address this problem head-on. It’s truly inspiring to hear students who are excited about their education and excited about learning and enjoying all that college has to offer. That’s what they should be focused on, not worrying about whether they become a victim of sexual assault. That’s why I’ve partnered with Senator Warren, our colleagues in the House of Representatives, and the First Lady to bring an end to college campus sexual assault. Today, I’m proud to lend my voice once more to that effort. I ask you to join Senator Warren and me in supporting Senate Resolution Nos. 43 and 44 which will declare April as Campus Sexual Assault Awareness and Prevention Month and Sexual Assault Awareness Month in the state of Michigan.
Senators Warren, Bieda, Brandenburg, O’Brien, Schuitmaker, Jones, Kowall, Rocca, Proos, Schmidt, Hopgood and Emmons offered the following resolution:
Senate Resolution No. 44.
A resolution to recognize April 2017 as Sexual Assault Awareness Month.
Whereas, Sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread and impacts women, children, and men of all racial, cultural, and economic backgrounds; and
Whereas, The term sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim; and
Whereas, According to the National Institute of Justice, and Centers for Disease Control and Prevention, and the Prevalence, Incidence and Consequences of Violence Against Women Survey, one-out-of every six American women has been the victim of an attempted or completed rape in her lifetime and approximately 3 percent of American men—or 1-in-33—have experienced an attempted or completed rape in their lifetime; and
Whereas, Child sexual abuse prevention must be a priority to confront the reality; and
Whereas, From 2009-2013, Child Protective Services agencies substantiated, or found strong evidence to indicate that 63,000 children a year were victims of sexual abuse and a majority of child victims are between the ages of 12-17. Of those, 34 percent of victims of sexual assault and rape are under the age of 12, and 66 percent of victims of sexual assault and rape are ages 12-17; and
Whereas, Michigan State Police statistics indicate that 11,873 sexual assault related offences were reported to law enforcement in 2013; and
Whereas, Sexual violence can deeply and enduringly impact survivors on a psychological, emotional, and social levels; and
Whereas, Ninety-four percent of women who are raped experience post-traumatic stress disorder (PTSD) symptoms during the two weeks following the rape and approximately 70 percent of rape or sexual assault victims experience moderate to severe distress, a larger percentage than for any other violent crime; and
Whereas, Sexual violence is an intolerable violent crime with public health implications for every person in Michigan; and
Whereas, Access to informed and supportive services can greatly increase survivors’ ability to heal from sexual assault; and
Whereas, Our state and individual communities must be committed to holding sexual assault perpetrators accountable for their heinous crimes; and
Whereas, When we actively increase education, awareness, and community involvement, we can help prevent sexual violence and create a safer environment for everyone; and
Whereas, We must work together to educate our entire population about what can be done to prevent sexual assault, support survivors, and ensure that survivors are not re-victimized; now, therefore, be it
Resolved by the Senate, That members of this legislative body strongly supports the efforts of national, state, and local partners, and of every citizen, to actively engage in public and private efforts to prevent sexual violence and will take appropriate action and support one another to create a safer environment for all; and be it further
Resolved, That we recognize April 2017 as Sexual Assault Awareness Month.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Booher, Casperson, Colbeck, Hansen, Hildenbrand, Knezek, Knollenberg, MacGregor, Marleau and Zorn were named co‑sponsors of the resolution.
By unanimous consent the Senate returned to the order of
Messages from the Governor
The following message from the Governor was received on April 18, 2017, and read:
EXECUTIVE ORDER
No. 2017-3
Reorganization of Licensing,
Permitting, and Registration Functions
Department of Licensing and Regulatory Affairs
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and
WHEREAS, the functions of licensing, permitting, and registration of professions and occupations have historically been housed in various state departments and agencies; and
WHEREAS, reorganizing licensing, permitting, and registration functions into one principal department will ensure the most efficient use of taxpayer dollars and will allow the state to offer more streamlined services; and
WHEREAS, it is desirable to continue the process begun in Executive Orders 1991-9, 1996-1, 1996-2, and 2006-2 of centralizing the functions of licensing, permitting, and registration of professions and occupations to the greatest extent possible; and
WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and
WHEREAS, it is necessary in the interest of efficient administration and effectiveness in government to effect changes in the organization of the Executive Branch of government;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. TRANSFERS OF AUTHORITY TO THE PRINCIPAL DEPARTMENT
A. Except as otherwise provided in Part II of this Order, all the statutory authority, powers, duties, functions, and responsibilities of the following boards in the Department of Licensing and Regulatory Affairs (“Department”) are transferred to the Department:
1. The Board of Boiler Rules created by Section 3 of the Boiler Act of 1965, 1965 PA 290, MCL 408.753, and referenced in Section 905 of the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.5905.
2. The Electrical Administrative Board created by Section 2 of the Electrical Administrative Act, 1956 PA 217, MCL 338.882, and referenced in Section 705 of the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.5705.
3. The Elevator Safety Board created by Section 7 of the Elevator Safety Board Act, 1967 PA 227, MCL 408.807.
4. The Board of Mechanical Rules created by Section 3 of the Forbes Mechanical Contractors Act, 1984 PA 192, MCL 338.973, and referenced in Section 805 of the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.5805.
5. The State Plumbing Board created by Section 13 of the State Plumbing Act, 2002 PA 733, MCL 338.3523, and referenced in Section 1105 of the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.6105.
6. The Building Officials Advisory Board created by Section 3 of the Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2303, and referenced in Section 1005 of the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.6005.
B. The functions transferred to the Department as provided in this Order include, but are not limited to, the following:
• The prescription of rules, regulations, applicant qualifications and experience, standards, and adjudications;
• Certificates of acceptability;
• Variances and exceptions;
• Examination frequency and location;
• Continuing education requirements and course approvals;
• Board meeting frequency and location, excluding special meetings;
• Resolving complaints; and
• Determining disciplinary actions and sanctions.
II. AUTHORITY RETAINED BY BOARDS
A. The boards subject to this Order shall retain and have the following authority, powers, duties, functions and responsibilities:
1. The power to call special meetings, whenever necessary, to carry out their business or to hear public comment;
2. The authority to make recommendations to the Department on complaints, sanctions for violations, appeals of Department decisions, and the issuance of final orders; and
3. The function of providing advice, as necessary, for rulemaking and the determination of license standards.
B. The boards subject to this Order will continue to function as a valuable source of institutional knowledge for the Department and may be consulted by the Department as necessary and appropriate.
C. The Department shall allow the boards subject to this Order to have access to information or other resources available to the Department as necessary and appropriate to allow the boards to perform their functions under this Order.
III. IMPLEMENTATION
A. The Director of the Department of Licensing and Regulatory Affairs (“Director”) shall provide executive direction and supervision for the implementation of all transfers of authority to the Department of Licensing and Regulatory Affairs made under this Order.
B. The Director shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or rescinded.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
C. All department statutory interpretations adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or rescinded.
D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirement of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Executive Order shall become effective sixty (60) days from the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 17th day of April, in the Year of our Lord Two Thousand Seventeen.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
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 Zorn as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4136, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.
Senate Bill No. 245, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 231 and 237a (MCL 750.231 and 750.237a), section 231 as amended by 2006 PA 401 and section 237a as amended by 2015 PA 26; and to repeal acts and parts of acts.
Senate Bill No. 78, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2016 PA 144.
The bills were placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 248, entitled
A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials.
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. 105 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Conyers Hood
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4080, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2003 PA 255.
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. 106 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Conyers Hood
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 a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe 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. 4137, entitled
A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774).
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. 107 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Conyers Hood
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 safeguard the privacy of children by regulating the fingerprinting of children,”.
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Casperson introduced
Senate Bill No. 302, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of subpart 1 of part 21 and amending sections 301, 503, 504, 1901, 1903, 2010, 2101, 2104, 2106, 2126, 2130, 2131, 2132, 2136, 35501, 35502, 35503, 40501, 52502, 52503, 52506, and 72118 (MCL 324.301, 324.503, 324.504, 324.1901, 324.1903, 324.2010, 324.2101, 324.2104, 324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136, 324.35501, 324.35502, 324.35503, 324.40501, 324.52502, 324.52503, 324.52506, and 324.72118), section 301 as amended and section 2010 as added by 2004 PA 587, section 503 as amended by 2012 PA 294, section 504 as amended by 2009 PA 47, sections 1901, 2101, 2106, 2130, and 2136 as added by 1995 PA 60, section 1903 as amended by 2011 PA 117, section 2104 as amended by 1998 PA 28, section 2126 as amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012 PA 622, sections 35501, 35502, and 35503 as added by 1995 PA 59, section 40501 as amended by 2008 PA 416, sections 52502, 52503, and 52506 as added by 2004 PA 125, and section 72118 as added by 2016 PA 288, and by adding sections 2132a, 2137, and 2138; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senator Booher introduced
Senate Bill No. 303, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2134, 2135, 2154, and 51106 (MCL 324.2134, 324.2135, 324.2154, and 324.51106), sections 2134 and 2135 as added by 1995 PA 60 and sections 2154 and 51106 as amended by 2012 PA 604.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Statements
Senators Colbeck and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
I want to start off with a pretty fundamental question: What are the core values of America? After all, we are called the United States of America for a reason. I think it’s important to understand what exactly it is that unites us. Are we merely united by a geographic boundary, or are we united by something that transcends boundaries? It’s a very important question. After all, we do not seem to be very united nowadays.
For over a year, I was engaged in a focus group sponsored by the Michigan Department of Education tasked with defining the next generation of social studies standards for K-12 education in our state. My participation in this exercise was solicited as a result of a letter that I wrote to the Department of Education in response to their first attempt at these standards. In this letter, co-signed by 17 of my colleagues here, I cited 15 issues that needed to be reconciled before I could support the new standards. All that I asked for was that the standards were politically neutral and that they were accurate. These objectives were indeed adopted by the focus group. I am pleased to report that at the end of the focus group deliberations, we did indeed reach compromises on all 15 issues. However, we failed to reach agreement on one issue that surfaced during the discussions. What was that issue? The definition of our core values. In the wake of our deliberations, I took to social media and asked my citizens what they believed were our core values. There was no consensus there either.
So why is it so difficult to define our core values? Our values today are extremely diverse. Perhaps the first step in defining these core values is to define exactly what it means to be a core value. It would seem to be self-evident that for a value to be a core value, it would need to be a value shared by the majority of Americans. Sounds simple enough. How do we know if a value is shared by the majority of Americans? I would submit that the values would need to be documented in a social compact that binds all Americans. We have only two such compacts that meet these criteria throughout our history: the Declaration of Independence and the United States Constitution. Of these two documents, I would submit that the Declaration was a statement of our core values while the Constitution was a statement as to how we would structure our government to promote these values.
What exactly are the core values found in the Declaration of Independence? No. 1, we are all created equal. No. 2, we have unalienable rights endowed to us by our Creator. No. 3, government authority comes from the consent of the governed. No. 4, it is the duty of the people to oppose government abuse of authority. No. 5, the purpose of government is to secure the rights of the governed.
Some people may think that the importance that I have placed on the need for a quality civics education is less pressing than other matters like the state budget or economic development policies. But in light of the importance of unity to the strength of the United States of America, I would submit that civics is of paramount importance. Our enemies, and we have many, would like nothing better than to divide us. Regrettably, we have taken our unity for granted for too many years. It is time to re-dedicate ourselves and our nation to the need for unity by affirming these core values. Once we do, we will once again earn the truly exceptional title of the United States of America.
Senator Ananich’s statement is as follows:
I just wanted to do a quick plug for something in my district that I don’t do too often. As many of you know or may remember, 105 years ago today was the tragic accident of the Titanic going down. Many lives were lost. The exhibit that goes around the country is now at the Sloan Museum in Flint for the next month or so. It’s been getting rave reviews and many people are enjoying it. If you want to take your family and friends to the Sloan Museum in Flint to see historical artifacts and other stories from the Titanic, it’s a wonderful time. Obviously it’s a tragic part of our history, but this is a fun way to experience the history and see many artifacts about that event. I just wanted to bring that to people’s attention.
Committee Reports
The Committee on Health Policy reported
Senate Bill No. 286, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 219.
With the recommendation that the bill 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, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, April 18, 2017, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
The Committee on Judiciary reported
Senate Bill No. 275, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 451a (MCL 750.451a).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 4203, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2016 PA 203.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 4204, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2016 PA 451.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, April 18, 2017, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Judiciary submitted the following:
Meeting held on Tuesday, April 18, 2017, at 9:00 a.m., Room 405, Capitol Building
Present: Senators Proos (C) and Schuitmaker
Excused: Senator Young
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, April 18, 2017, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on General Government submitted the following:
Meeting held on Tuesday, April 18, 2017, at 2:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Stamas (C), Nofs, Booher and Young
COMMITTEE ATTENDANCE REPORT
The Committee on Commerce submitted the following:
Meeting held on Wednesday, April 19, 2017, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel
COMMITTEE ATTENDANCE REPORT
The Legislative Council submitted the following:
Meeting held on Tuesday, April 19, 2017 at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Meekhof, Ananich, Rocca, Stamas, Horn and Bieda
Excused: Senators Hood, Schmidt and Schuitmaker
Scheduled Meetings
Appropriations -
Subcommittee -
Capital Outlay - Thursday, April 20, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Criminal Justice Policy Commission - Wednesday, May 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Education -
Subcommittee -
Michigan Merit Curriculum - Thursday, April 20, 3:00 p.m., Room 1100, Binsfeld Office Building (373-5314)
Michigan Law Revision Commission - Thursday, May 18, 11:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Transportation - Thursday, April 20, 8:00 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:37 a.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, April 20, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
440 JOURNAL OF THE SENATE [April 19, 2017] [No. 36
No. 36] [April 19, 2017] JOURNAL OF THE SENATE 441
442 JOURNAL OF THE SENATE [April 19, 2017] [No. 36
No. 36] [April 19, 2017] JOURNAL OF THE SENATE 443
444 JOURNAL OF THE SENATE [April 19, 2017] [No. 36
No. 36] [April 19, 2017] JOURNAL OF THE SENATE 445
446 JOURNAL OF THE SENATE [April 19, 2017] [No. 36
No. 36] [April 19, 2017] JOURNAL OF THE SENATE 447
448 JOURNAL OF THE SENATE [April 19, 2017] [No. 36
No. 36] [April 19, 2017] JOURNAL OF THE SENATE 449
450 JOURNAL OF THE SENATE [April 19, 2017] [No. 36
No. 36] [April 19, 2017] JOURNAL OF THE SENATE 451
452