No. 93
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Wednesday, November 8, 2017.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—excused Kowall—present Stamas—present
Gregory—present MacGregor—present Warren—present
Hansen—present Marleau—present Young—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Senator David B. Robertson of the 14th District offered the following invocation:
“Our Father who art in heaven, Hallowed be Thy name.
Thy kingdom come. Thy will be done in earth, as it is in heaven.
Give us this day our daily bread.
And forgive us our trespasses, as we forgive those who trespass against us.
And lead us not into temptation, but deliver us from evil: For Thine is the kingdom, and the power, and the glory, for ever and ever. Amen.”
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Schmidt, Casperson, Zorn and Knollenberg entered the Senate Chamber.
Senator Kowall moved that Senator Green be excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Ananich, Young and Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof and Hildenbrand admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received:
Department of State
Administrative Rules
Notice of Filing
November 6, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-030-LR (Secretary of State Filing #17-11-01) on this date at 3:43 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Code - Part 4. Building Code.”
These rules take effect immediately after filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Patrick Colbeck
November 8, 2017
I would like to be added as a co‑sponsor on SB 584, SB 585, and SB 586.
Thank you for your consideration of my request.
Sincerely,
Patrick Colbeck
State Senator, 7th District
The communication was referred to the Secretary for record.
Senators Johnson, Young and Ananich entered the Senate Chamber.
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:
I have a special recognition this morning. You probably all recognize the lady standing next to me, Ellen Jeffries, who actually has been with the Senate Fiscal Agency for 40 years as of yesterday. I just wanted to take a moment. We all work closely with the Senate Fiscal Agency under the leadership of Ellen Jeffries, and I thought it was important to recognize her for her dedicated public service for 40 years.
I wanted to read a couple of things about her. She has quite a background that a lot of us don’t know because she’s so focused and professional about her job. It says:
LET IT BE KNOWN, That we are honored and privileged to present this tribute as a token of our appreciation for all that Ellen Jeffries has contributed during her 40 years with the Senate Fiscal Agency. Our entire state has benefited from the tireless work and sound fiscal policy skills that Ellen has brought to each and every position she has held within the agency. We join with countless other voices in state government and the general public in praising her for four decades of service.
Ellen was born in Detroit, Michigan. She graduated from St. Mary of Redford High School in 1971 and received her Bachelor of Arts in political economy from Hillsdale College in 1975. She earned her Master of Arts degree from the University of Chicago in 1976, with a major field of study in political science. Ellen then married Brian Jeffries on August 9, 1980, and has since been a long-time resident of the city of Lansing.
Throughout her years with the Senate Fiscal Agency and most recently in her role as Director, Ellen has proven to be a welcomed voice and presence, with outstanding fiscal experience and institutional knowledge. Ellen has helped countless Senators and staff navigate the complex system that is the state budget, including myself. With her assistance, the budget has been completed on-time and balanced for the last seven years. The tireless work from Ellen and her staff have played a key role in meeting this aggressive goal.
While Ellen’s professional achievements are certainly worthy of this tribute, what is even more inspiring is her truly genuine personality and intuitive mind. Her poise and impartiality are truly appreciated and respected. She is a consummate professional who has a desire to help others learn and grow. It is without question that Ellen’s experience and dedication has made the Senate, as well as the entire state of Michigan, a much better place to live, work, and play.
On a personal note, Ellen has been a real pleasure for me and my staff to work with. We have spent a lot of time over the last three years working on the state budget—a lot of time into the evenings, on weekends, and on holidays. She is always well-prepared, professional, and thorough in all her work. She is an outstanding public servant and an overall great person.
Her husband Brian is here, as well as Senate Fiscal Agency staff who, I believe, are in the west Gallery. If you could help me congratulate, welcome, and appreciate Ellen and all of her work over the last 40 years, I’d greatly appreciate it. Thank you Ellen.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 30
Senate Resolution No. 105
Senate Concurrent Resolution No. 27
The motion prevailed.
Senator Booher offered the following resolution:
Senate Resolution No. 110.
A resolution to declare November 8, 2017, as STEM Day.
Whereas, An education in science, technology, engineering, and mathematics (STEM) is critical to our children’s future and the continued growth and prosperity of Michigan; and
Whereas, We look to deliver world class education that will determine Michigan’s success in the 21st century; and
Whereas, Michigan’s economy is growing and creating jobs, yet thousands of these jobs remain unfilled because employers cannot find enough workers with the necessary skills; and
Whereas, If Michigan students become inspired by STEM at an early age, there is a greater likelihood they will want to enter those growing career fields when they graduate; and
Whereas, STEM is not only science, technology, engineering, and mathematics, but also a way of learning in which students comprehend by doing, thinking critically, and not being afraid of failure; and
Whereas, Increased awareness in our community of STEM education and STEM-related careers will advance Michigan’s workforce; and
Whereas, STEM-related careers will be pivotal in the 21st century economy; and
Whereas, A STEM education will ensure our state’s workforce will be equipped for the jobs of tomorrow; now, therefore, be it
Resolved by the Senate, That the members of this legislative body declare November 8, 2017, as STEM Day; and be it further
Resolved, That we call upon parents, educators, community organizations, businesses, governments, and the people of Michigan to observe this day with appropriate programs and activities.
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 Brandenburg, Conyers, Hansen, Hopgood, Kowall, MacGregor, Proos, Schmidt and Zorn were named co‑sponsors of the resolution.
Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Proos’ statement is as follows:
I rise today in support of Senate Resolution No. 110. Senate Resolution No. 110 was introduced by the distinguished Senator from the 35th District, so I rise in support of his resolution today. Today is the National STEM Day - science, technology, engineering, and mathematics. We recognize in the state of Michigan today, how important that is that our students be exposed to those very important and rigorous educational opportunities. I gather today with all of you, but I also bring to the chamber today, a good friend and a classmate of mine for many years in elementary and high school, Richard Bacolor. Richard joins me in the north Gallery. He is the science consultant and Director of Technology for the Wayne County Mathematics and Science Center in Wayne RESA. He is a practitioner dedicated to STEM sciences. I also join with the Senator from the 6th District, the two of us serve as representatives on the STEM Commission that the Governor established in an effort to bring additional support and additional understanding of how important STEM education is for our kids.
Although Michigan’s economy continues to grow and create jobs, it is clear that there is going to be a lack of students prepared for those jobs unless we provide the kind of education necessary for them to understand science, technology, engineering, and mathematics positions. After all, when you look at the certifications of our students, we recognize that we would like to see careers for our students that match the needs of our employers. Every one of us recognizes, when we work in our communities and with our businesses and industries, that they are looking for talented students—talented students who can match the needs of their industry.
In the United States alone, a 34 percent increase in jobs will be necessary just in the STEM education areas between 2008 and 2018, in just a couple of years here. That’s a 38 percent increase in that particular arena. The U.S. Department of Commerce estimates that there will be a 17 percent increase in the years after 2018, while other areas of educational opportunities will increase by 9.8 percent. The average salary for individuals in the state of Michigan in the STEM sciences is $65,000, in non-science it is $49,500—all necessary to make our economy grow, but it is important that our students be exposed to STEM education along the way. In Southwest Michigan alone, an area that I represent with my colleagues in Southwest Michigan, we recognize that, for example, our need for machine tool operators is expected to grow by 26.4 percent between the years 2014 and 2024, nurse practitioners by nearly 24 percent, software developers by nearly 21 percent, industrial machine mechanics by nearly 20 percent, and marketing and research analysts and marketing specialists by 19.3 percent. What does that all mean? That all means that we, in the State of Michigan, recognize how important science, technology, engineering, and mathematics are. We recognize how important it is that our teachers continue to look toward experiential opportunities and project-based learning as opportunities to expand and grow STEM education.
We recognize today in Michigan, as National STEM Day. Thank you to the Senator from the 35th District, the Senator from the 6th District, and my good friend Richard Bacolor who joins me in the north Gallery.
Introduction and Referral of Bills
Senator Shirkey introduced
Senate Bill No. 649, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109f (MCL 400.109f), as amended by 2005 PA 84.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Bieda, Jones, Hertel, Hopgood and Rocca introduced
Senate Bill No. 650, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57e and 57g (MCL 400.57e and 400.57g), section 57e as amended by 2011 PA 131 and section 57g as amended by 2014 PA 375.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senator Jones introduced
Senate Bill No. 651, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 210, 1806, and 1809 (MCL 339.210, 339.1806, and 339.1809), section 210 as amended by 2016 PA 30 and section 1806 as amended by 2013 PA 80, and by adding section 1806b.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:18 a.m.
11:42 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
Messages from the House
Senator Kowall moved that consideration of the following bill be postponed for today:
Senate Bill No. 35
The motion prevailed.
Senate Bill No. 553, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2016 PA 25.
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. 554, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 913 (MCL 450.1913), as amended by 1989 PA 121.
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. 444 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
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. 555, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 913 (MCL 450.2913), as amended by 2014 PA 557.
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. 556, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1428 (MCL 600.1428), as added by 2013 PA 199.
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. 557, entitled
A bill to amend 1964 PA 105, entitled “An act to provide for reproduction of records of this state, political subdivisions of this state, and municipal courts of record; and to provide for the use of those reproductions as evidence,” by amending section 1 (MCL 691.1101), as amended by 1992 PA 187.
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.
Senate Bill No. 558, entitled
A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551), as amended by 2015 PA 92.
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.
Senate Bill No. 559, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 491 (MCL 750.491).
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. 560, entitled
A bill to amend 2008 PA 288, entitled “Legal defense fund act,” by amending section 11 (MCL 15.531).
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. 561, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 16 (MCL 169.216), as amended by 2000 PA 50.
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. 562, entitled
A bill to amend 1955 PA 10, entitled “Michigan historical markers act,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 (MCL 399.151, 399.152, 399.153, 399.154, 399.155, 399.156, 399.157, 399.158, 399.159, and 399.160), sections 1 and 2 as amended and sections 3, 4, 5, 6, 7, 8, 9, and 10 as added by 2002 PA 488.
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. 563, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63502 (MCL 324.63502), as amended by 2001 PA 78.
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. 564, entitled
A bill to amend 2016 PA 470, entitled “Michigan historical center act,” by amending the title and sections 1, 2, 3, 7, and 8 (MCL 399.801, 399.802, 399.803, 399.807, and 399.808).
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. 565, entitled
A bill to amend 2016 PA 469, entitled “Michigan historical commission act,” by amending sections 2 and 3 (MCL 399.832 and 399.833).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
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 1:15 p.m.
The motion prevailed, the time being 12:01 p.m.
The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:16 p.m.
2:06 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
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:
Senate Bill No. 584
Senate Bill No. 585
Senate Bill No. 586
The motion prevailed, a majority of the members serving voting therefor.
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 Assistant President pro tempore, Senator O’Brien, designated Senator Proos as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 366, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b, 5c, and 5l (MCL 28.425b, 28.425c, and 28.425l), section 5b as amended by 2015 PA 207 and sections 5c and 5l as amended by 2015 PA 3.
Senate Bill No. 586, entitled
A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending sections 1 and 2 (MCL 123.1101 and 123.1102), as amended by 2015 PA 29.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 527, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8b.
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:
Senate Bill No. 584, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5a, 5b, 5d, and 5o (MCL 28.425a, 28.425b, 28.425d, and 28.425o), sections 5a, 5b, and 5o as amended by 2017 PA 95 and section 5d as amended by 2015 PA 3.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 31, following line 25, by inserting:
“(I) ANY PROPERTY OWNED BY A PUBLIC AIRPORT AUTHORITY.”.
2. Amend page 36, line 15, after “(9)” by striking out “NOTHING” and inserting “EXCEPT FOR PRIVATE PROPERTY LEASED OR OCCUPIED BY A PUBLIC ENTITY DESCRIBED UNDER SUBSECTION (1)(A), NOTHING”.
3. Amend page 37, line 2, after “TO” by striking out “(H)” and inserting “(I)”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 585, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 366
Senate Bill No. 527
Senate Bill No. 584
Senate Bill No. 585
Senate Bill No. 586
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 366, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b, 5c, and 5l (MCL 28.425b, 28.425c, and 28.425l), section 5b as amended by 2015 PA 207 and sections 5c and 5l as amended by 2015 PA 3.
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. 445 Yeas—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Nays—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Excused—1
Green
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 527, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8b.
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. 446 Yeas—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Nays—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Excused—1
Green
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 584, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5a, 5b, 5d, and 5o (MCL 28.425a, 28.425b, 28.425d, and 28.425o), sections 5a, 5b, and 5o as amended by 2017 PA 95 and section 5d as amended by 2015 PA 3.
The question being on the passage of the bill,
Senator Hertel offered the following amendment:
1. Amend page 17, following line 19, by inserting:
“(O) THE APPLICANT IS NOT LISTED ON THE NO FLY LIST MAINTAINED BY THE TERRORIST SCREENING CENTER ADMINISTERED BY THE FEDERAL BUREAU OF INVESTIGATION.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 447 Yeas—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Nays—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Warren offered the following amendments:
1. Amend page 9, line 10, by striking out “and (m)” and inserting “(M), AND (O)”.
2. Amend page 13, line 21, after “Section” by striking out the balance of the line through “section” on line 22.
3. Amend page 14, line 20, after “MCL” by striking out “750.81, 750.81a,”.
4. Amend page 17, following line 19, by inserting:
“(O) THE INDIVIDUAL HAS NOT BEEN CONVICTED WITHIN THE PAST 25 YEARS OF VIOLATING SECTION 81 OR 81A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81 AND 750.81A.”.
The question being on the adoption of the amendments,
Senator Warren withdrew the amendments.
Senator Bieda offered the following amendment:
1. Amend page 37, following line 13, by inserting:
“(12) THE LEGISLATURE SHALL ANNUALLY APPROPRIATE TO SCHOOLS, COMMUNITY COLLEGES, UNIVERSITIES, AND PUBLIC DAY CARE CENTERS FROM THE GENERAL FUND A SUM EQUAL TO ANY INCREASE IN INSURANCE PREMIUMS FOR THOSE ENTITIES AS A RESULT OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.” and renumbering the remaining subsection.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 448 Yeas—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Nays—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Hertel offered the following amendment:
1. Amend page 17, following line 19, by inserting:
“(O) THE APPLICANT IS NOT REGISTERED UNDER THE SEX OFFENDERS REGISTRATION ACT, 1994 PA 295, MCL 28.721 TO 28.736.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 449 Yeas—17
Ananich Hood Jones Rocca
Bieda Hopgood Knezek Warren
Conyers Horn Nofs Young
Gregory Johnson O’Brien Zorn
Hertel
Nays—20
Booher Hansen MacGregor Robertson
Brandenburg Hildenbrand Marleau Schmidt
Casperson Hune Meekhof Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Warren offered the following amendment:
1. Amend page 38, following line 2, by inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:
(a) Senate Bill No. 293.
(b) Senate Bill No. 294.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 450 Yeas—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Nays—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Hertel offered the following amendments:
1. Amend page 33, line 24, after “(l)” by striking out “AN” and inserting “SUBJECT TO SUBSECTION (12), AN”.
2. Amend page 37, following line 13, by inserting:
“(12) AN ENTITY THAT CONTROLS THE PREMISES LISTED IN SUBSECTION (1)(A) TO (H) MAY PROHIBIT AN INDIVIDUAL FROM CARRYING A CONCEALED PISTOL ON THOSE PREMISES.” and renumbering the remaining subsection.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 451 Yeas—14
Ananich Hertel Knezek Warren
Bieda Hood Knollenberg Young
Conyers Hopgood O’Brien Zorn
Gregory Johnson
Nays—23
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Ananich offered the following amendment:
1. Amend page 37, following line 13, by inserting:
“(12) THE DEPARTMENT OF STATE POLICE SHALL NOTIFY THE LEGISLATURE AND THE GOVERNOR IF THE DEPARTMENT OF STATE POLICE IS NOTIFIED THAT A PISTOL BELONGING TO AN INDIVIDUAL GRANTED AN EXEMPTION UNDER SUBSECTION (5)(1) IS ACCIDENTALLY DISCHARGED AT A SCHOOL.
(13) SUBSECTIONS (5)(1), (6), (7), (8), (9), (10), AND (11) DO NOT APPLY IF THE DEPARTMENT OF STATE POLICE NOTIFIES THE GOVERNOR AND LEGISLATURE UNDER SUBSECTION (12) THAT A PISTOL BELONGING TO AN INDIVIDUAL GRANTED AN EXEMPTION UNDER SUBSECTION (5)(1) IS ACCIDENTALLY DISCHARGED AT A SCHOOL.” and renumbering the remaining subsection.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 452 Yeas—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Nays—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Knezek offered the following amendment:
1. Amend page 38, following line 2, by inserting:
“Sec. 5x. (1) Each county shall establish a concealed pistol licensing fund for the deposit of fees collected for the county clerk under this act. The county treasurer shall direct investment of the concealed pistol licensing fund and shall credit to the fund interest and earnings from fund investments.
(2) Money credited to the county concealed pistol licensing fund shall be expended in compliance with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, subject to an appropriation. Expenditures from the county concealed pistol licensing fund shall be used by the county clerk only for the cost of administering this act. Allowable expenditures include, but are not limited to, any of the following costs: of the county clerk:
(a) Staffing requirements directly attributable to performing functions required under this act.
(b) Technology upgrades, including technology to take fingerprints by electronic means.
(c) Office supplies.
(d) Document storage and retrieval systems and system upgrades.
(E) REIMBURSEMENT TO SCHOOL EMPLOYEES FOR THE PURCHASE OF BODY ARMOR.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 453 Yeas—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Nays—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—1
Green
Not Voting—0
In The Chair: President
Senator Warren offered the following amendments:
1. Amend page 9, line 10, by striking out “and (m)” and inserting “(M), AND (O)”.
2. Amend page 13, line 21, after “Section” by striking out the balance of the line through “assault),” on line 22 and inserting “81(1), SECTION 81A(1),”.
3. Amend page 17, following line 19, by inserting:
“(O) THE INDIVIDUAL HAS NOT BEEN CONVICTED OF VIOLATING SECTION 81(2), (3), OR (4), OR SECTION 81A(2) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81 AND 750.81A.”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 454 Yeas—17
Ananich Hertel Johnson Rocca
Bieda Hood Jones Warren
Conyers Hopgood Knezek Young
Emmons Horn O’Brien Zorn
Gregory
Nays—20
Booher Hildenbrand Marleau Robertson
Brandenburg Hune Meekhof Schmidt
Casperson Knollenberg Nofs Schuitmaker
Colbeck Kowall Pavlov Shirkey
Hansen MacGregor Proos Stamas
Excused—1
Green
Not Voting—0
In The Chair: President
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 455 Yeas—25
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Kowall Pavlov Shirkey
Emmons MacGregor Proos Stamas
Hansen Marleau Robertson Zorn
Hildenbrand
Nays—12
Ananich Gregory Hopgood Knollenberg
Bieda Hertel Johnson Warren
Conyers Hood Knezek Young
Excused—1
Green
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Hertel, Bieda, Ananich, Knezek and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hertel’s first statement is as follows:
Colleagues, I rise to offer an amendment to this Pistols in Preschools legislation. The bill up for discussion has the expressed intent of helping good guys with guns stop bad guys with guns. Unfortunately, however, it does absolutely nothing to stop bad guys from obtaining guns in the first place. My amendment would fix the fundamental problem that this legislation seeks to address by banning anyone on the no-fly list from getting a CPL. This is a no-brainer, folks. If you’re too dangerous to board a plane, you’re too dangerous to have a CPL. If you are too dangerous for Southwest, you should be too dangerous for Smith & Wesson. The no-fly list contains the worst of the worst, including members of terrorist organizations. If your name is listed next to some of the most violent people in the world, maybe we should do a little extra vetting before you get a CPL.
I certainly don’t speak for everyone here, but I can’t imagine anyone in this chamber who would see a terrorist attack and want to make that easier. Imagine terrorists infiltrating our schools or packed arenas with the express intent of committing an act of violence that results in mass murder, and we here in this body made that easier. If this bill is about stopping the bad guys to being with, let’s finally pass commonsense gun laws that truly do that.
Thank you, and I ask my colleagues to support this amendment.
Senator Bieda’s statement is as follows:
Colleagues, I rise in support of an amendment that I am offering to this Pistols in Preschools legislation. I would like you to put your taxpayer hat on for a second. As we’ve already heard in testimony, school boards across the state are concerned about the undue financial burden that this legislation places on their budgets, especially when considering how insurance companies would be almost guaranteed to raise their liability insurance rates. We’ve seen this happen in other states across the nation and it’s very, very costly. Schools will have to fire teachers or faculty in order to comply with this legislation and to balance their budgets.
That’s why I’m offering my amendment to cover all increases in liability insurance under the General Fund to institutions of education that receive public funding. A child’s education should not suffer because some in Lansing want to experiment with guns in our schools. Let’s give our school districts an avenue for relief in the situation that we’re creating today with this reckless legislation. Let’s use the General Fund to pay for the insurance liability costs instead of stripping even more money from the School Aid Fund. Without my amendment, nearly every school district in this state would find it difficult to pay for increased insurance liabilities while also funding programs for students, textbooks, and even building improvements.
With that being said, I’d like to ask my colleagues to support this amendment.
Senator Hertel’s second statement is as follows:
I rise to offer, yet, another amendment to this legislation. In committee yesterday, testimony was given from a gentleman on behalf of the school boards of Michigan. He said that they were very concerned about the bill, particularly the increased costs of liability insurance that they would have to pay. He also said there was a legitimate concern that school boards might have to lay off teachers, of which we already have a shortage in this state, just to be able to meet the budgetary ends of this bill.
This bill also presents concerns to our small businesses, which is why I’m offering this amendment to allow private entities to make their own decisions about the ability for someone to carry a gun in their establishment. This legislation, in its current form, states that private hospitals, schools, sports arenas, and places of worship would have to expressly tell an individual they are not allowed to conceal carry on their property. But there is no penalty for ignoring this request and it only refers back to the trespass laws. Nothing illegal if someone says they don’t want a gun on their property.
This bill is effectively a mandate, and quite frankly, a form of government overreach that only serves to strip locals and property owners from their freedom to make the decisions they see best fit for their locations. It forces an undue burden on private property owners and sets them up for excessive, expensive liability insurance or lengthy lawsuits if something bad were to happen. This amendment would exempt locally-operated entities such as schools and hospitals from this government overreach, and leave the power of decision-making abilities about gun carrying policies on their properties in their hands, and in their control—not in this bodies.
I would like to ask my colleagues to support this amendment.
Senator Ananich’s statement is as follows:
Colleagues, I rise today to offer a common sense amendment. My amendment would apply a sunset to this bill upon the first accidental discharge of a weapon in a school. I think we can all agree that we would be doing our students and their parents a disservice if a gun goes off in one of our kids’ schools, unintentionally injures or kills someone, and yet, this bill would still be allowed to stand.
If and when this experiment fails we need an off switch, which is what my amendment is designed to do. Accidents happen, we all know that. We also need to use our power in this legislative body, entrusted daily by our constituents’ concerns, to treat accidents involving guns with the utmost sensitivity.
Senator Knezek’s statement is as follows:
Colleagues, I think that the stated goal of this legislation under consideration today is quite clear. The Michigan Senate wants to take away the responsibilities of law enforcement. They want to take the responsibilities away from highly-trained police officers and they want to hand those responsibilities over to our teachers.
So if the goal is to militarize our educators, then it is only right that we provide them the same protection that we provide the police officers and military personnel. This amendment would use money accumulated under the concealed pistol licensing fund to reimburse teachers for the purchase of body armor. If we are going to put guns in schools, in addition to the three percent which they are already owed, teachers should also be reimbursed for the purchase of Kevlar vests or other equipment which they need to protect themselves.
I would ask my colleagues to support this amendment.
Senator Meekhof’s statement is as follows:
Currently in Michigan, CPL holders can open-carry a gun into a weapon-free zone—currently. This legislation would eliminate the open-carry option and permit concealed-carry by individuals who have a license that includes additional training requirements. This reform closes the current open-carry provision to ensure that learning environments are secure and the school day is not interrupted by the sight of a firearm. This legislation upholds the rights of private property owners and allows a university or college with autonomous authority to enact and enforce an ordinance regulating the possession, carrying, use, or transportation of a firearm.
As you know, these bills before us today address an issue that has been discussed and voted on in this Senate body before. As I stated in committee, over the past several weeks our nation has experienced tragedies involving gun violence. In the wake of such events, there are those who believe any discussion of gun legislation is insensitive, but I believe this is a discussion and a policy that’s time has come.
Since 1950, 98 percent of mass shootings have occurred in gun-free zones. I believe the recent events highlight the need for us to consider how we deter those who look for targets, intending to do them harm. Citizens have the right to be safe and secure and to defend themselves and their loved ones. Responsible, well-trained—and I will say, the highest-trained—licensed gun owners may very well be the deterrent to those individuals who seek out gun-free zones as opportunities to commit heinous acts.
I understand there are very passionate viewpoints on both sides of this issue and I respect those different opinions. I truly believe that law-abiding, licensed citizens should be able to exercise their right and responsibility, and that we need more measures to help deter individuals contemplating horrible acts of violence.
I urge the members of this body to support this bill.
The following bill was read a third time:
Senate Bill No. 585, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.
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. 456 Yeas—25
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Kowall Pavlov Shirkey
Emmons MacGregor Proos Stamas
Hansen Marleau Robertson Zorn
Hildenbrand
Nays—12
Ananich Gregory Hopgood Knollenberg
Bieda Hertel Johnson Warren
Conyers Hood Knezek Young
Excused—1
Green
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The Assistant President pro tempore, Senator O’Brien, resumed the Chair.
The following bill was read a third time:
Senate Bill No. 586, entitled
A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending sections 1 and 2 (MCL 123.1101 and 123.1102), as amended by 2015 PA 29.
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. 457 Yeas—25
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Kowall Pavlov Shirkey
Emmons MacGregor Proos Stamas
Hansen Marleau Robertson Zorn
Hildenbrand
Nays—12
Ananich Gregory Hopgood Knollenberg
Bieda Hertel Johnson Warren
Conyers Hood Knezek Young
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
Protests
Senators Ananich, Hertel, Knezek, Gregory, Warren and Hood, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 584, 585, and 586 and moved that the statements they made during the discussion of Senate Bill No. 584 be printed as their reasons for voting “no.”
The motion prevailed.
Senator Ananich’s statement is as follows:
I rise to offer my “no” vote explanation. This morning I woke up—as we all do—and got myself ready for coming to Lansing, and kissed my wife good-bye as she went to school to teach at Flushing High School. I got my son ready and drove him to the U of M Flint Early Childhood Center, I walked in—as I do every day when I’m dropping him off—I looked at a number of really diligent, hard-working, dedicated people who wake up every day trying to help educate, nurture, and love children who are not their own. They were bending over, sitting at a small, little table, giving kids of all different ages a snack this morning and a glass of milk. Later on in the day they are going to walk outside in a secure area and play with children—two, three, four, five years old. They’re going to come back inside and have story time sitting on the ground, educating children. I can tell you that not a one of them said when I asked them this morning, “Do you think a gun in your back pocket would be helpful to you educating or nurturing these children?” Not a one of the secretaries or people who open the doors said they thought they would feel safer with one of their colleagues carrying a weapon under their clothing.
Many of you know this—probably most of you by now know because we know each other and respect each other well—we just have a fundamental, philosophical difference on this issue. Before I came here I spent about five years teaching, first in the Carmen-Ainsworth School District student teaching at the high school, then a long-term subbing job at the middle school. Then I taught at an alternative middle school in the city of Flint, and then I taught at Flint Northern. Many of you, maybe the last time you were involved in school was when you were there. Myself and the Senator from the 5th District are, I believe, the only educators in the room.
I can describe to you what a day is like: You get there in the morning, maybe have a staff meeting, and maybe you’re talking to colleagues in your team about what you’re going to teach that day and how the subject matter may relate to science, math, or English. You welcome your kids in, say hello to them and ask them how their weekend was if it’s a Monday, or ask them how their day was if it’s the rest of the week. Many of the kids in my classrooms hadn’t eaten anything, or if they did, they had a breakfast similar to what my good colleague and my good friend from the 1st District eats, which is Hot Cheetos and a pop. They definitely weren’t prepared for a long, strenuous day of being educated. You educate them on the subject of the day. Inevitably something will happen. Another teach will come in, another student will come in, a kid will ask to go to the bathroom. You walk to the back of the room, you walk to your desk. A fire alarm happens. You are trying to coral 25 kids to go outside and keep an eye on them. These are not high-stress situations. These are just every day activities in a classroom.
I can tell you in everyday situations, the last thing I am thinking about when I’m teaching 20 5-year-old kids, when I’m bending down to make sure that I can help that student, when I’m breaking up a fight—I will give you an example: I broke up a fight when I was teaching. The one student is now a NFL running back for the Seattle Seahawks. Even back then he was much bigger than me. It is very difficult, as you can see with your own eyes, to be much bigger than me. I was breaking up a kid like this and another kid like this and completely exposed if somebody wanted to grab me. Even if I was a person who had a lot of experience with firearms, that is not exactly an easy situation to make sure that you are protecting yourself, protecting those two children—I was in another teacher’s classroom who happened to be in a wheel chair—protecting him, and making sure that my gun is secure.
I think one of the things we have to realize when we potentially pass these bills, are the consequences of these bills on the people who we are passing them on. We are now talking about bringing more guns into daycare centers. We are talking about bringing more guns into preschools, into public, charter, and potentially private schools, into arenas, and into establishments whose sole purpose is to get you drunk.
Let me give you some facts real quick: In America, you are 25 times more likely to be murdered by a gun than any advanced country in the world. Children four and under are 34 times more likely to be killed by a gun in this country. I know what your intentions are, I’m not questioning your motives. I respect the individuals who introduced these bills, and I respect what they are intending to do, but the facts don’t add up. Year after year with more and more gun violence, you think we would have learned by now. The reality—not what we hope the reality would be, not what we see in the movies. Real life is not an action movie. I know we would like it to be, I know we wish it would be, but it’s not. The reality is that you are much more likely to have an accident in a preschool, in a daycare center, or in a school. You are much more likely to leave your jacket, with your gun in it, in a bathroom, which has happened multiple times. Trained individuals, assistant prosecutors in Macomb County, and police officers even make that mistake. You are much more likely to accidently shoot law enforcement personnel, another teacher, a janitor, or heaven forbid—a child.
I ask that we think about these things when we pass legislation going forward and even today, obviously. As I said before, I understand what the intent is, I understand what the rationale is, but I just think you’re wrong. That’s the beautiful thing about our society. We can sit up here and debate about issues that are important, but I can tell you from someone who was in the classroom, you are not helping me. You are hindering my ability to educate those children. I know you don’t think you are, but you are.
Colleagues, I urge a “no” vote on this bill, and Senate Bill Nos. 585 and 586.
Senator Hertel’s statement is as follows:
Colleagues, I offer my “no” vote explanation to the Pistols in Preschools legislation under debate today. I have a pop quiz for everybody. I am going to read you a quote and you can all guess on who gave it. “…laws forbidding the carrying of firearms in sensitive places such as schools and government buildings; and that restrict the right to carry any weapon whatsoever in any manner whatsoever and for whatever purpose, are still valid and enforceable.” Now I am sure you are guessing that some gun-grabbing liberal, or some activist judge gave that quote. It is actually a quote from Justice Scalia found in the District of Columbia v. Heller majority opinion.
See, colleagues, I support the Second Amendment. But just like Justice Scalia, I know that there are reasonable restrictions like no pistols in preschools. It does not mean we are violating the Constitution. This bill has nothing to do, at all, with the Constitution. If you don’t believe me, will you believe Justice Scalia?
I want to speak to you today, not just as a Senator. I want to speak to you as a father. I have four beautiful children. I thank God every morning when I wake up and every night before I go to bed that I get to spend another day with them. One of the hardest parts of my day, and of any parent, is when you drop them off at school because we worry. As a parent, we all worry. We worry about them being prepared to succeed in life, whether they will be bullied on the playground, and about their grades. But we should not have to worry about them being a victim of gun violence. Parents should feel assured that when we drop our kids off at school, we will pick them up in the car lane and not in a body bag. But the grim reality is that we do have to worry and we have to worry even more if Senate Bill No. 584 passes.
The Columbine shooting was a wake-up call. It was one of the worst school shootings in United States history, but now it doesn’t even crack the top ten. Then came Sandy Hook, and people thought maybe our government would finally do something. Instead, every time our nation lives through yet another record-breaking tragedy, lawmakers run and hide behind the National Rifle Association and the gun lobby. As a result, things continue to get worse. The top five deadliest mass shootings have occurred during the last decade. The top five.
You know what else happened in the last decade? A loosening of gun laws across the country, similar to this bill. In a multiyear study published by Visions: The Journal of Applied Research for the Association of Florida Colleges, they compared on- and off-campus crime statistics from states that allow the carrying of concealed handguns on campus to those who do not. What they found was the implementation of laws like these, where concealed handguns were permitted on campuses, that those campuses saw an increase in violent crimes and an increase of forcible sexual assaults. We are protecting no one with this bill; quite the opposite.
If you don’t believe in those common-sense arguments, if that moral argument does not move you, let’s talk about the fiscal impact of this bill. In states where they have laws like these, the liability insurance at college campuses and the liability insurance in our schools has skyrocketed. We already voted “no” on an amendment that would have covered those costs. Who pays? The taxpayer pays.
I recognize that facts have taken a backseat in our national conversation on this issue, and that policy decisions are no longer based on science. So, if I can’t convince you with a common-sense argument, then I can convince you with a fiscal one. If I can’t convince you that pistols in preschools are just wrong, look up. The people are watching. They are in your districts. They are in your offices. They are right here in this chamber’s Gallery. Last night’s election results alone should give you pause. Save your own hide. Vote “no” on this legislation. If you don’t, we are taking this state back for the people of Michigan in 2018.
Senator Knezek’s statement is as follows:
I also rise today to offer my “no” vote explanation on Senate Bill Nos. 584, 585, and 586. In my time here in Lansing we have voted on quite a few things that have made me ask myself “what are we doing here and why are we doing it?” And today is one of those days, Mr. President. So before I jump into this, I want to be very clear about where I stand on a few things. First, I am not anti-gun. Second, I’m not anti-Second Amendment. I believe that Michigan has a rich tradition of hunting that we need to protect and maintain. I believe that Michiganders have a right to protect themselves from danger, and to protect their property. But, Mr. President, I also believe in common sense. We are preparing to vote on a package of bills that will allow Michiganders to concealed carry weapons in schools, in daycare centers, and much to the chagrin of even the most avid gun enthusiast in my district, we are voting on a bill that would allow Michiganders to conceal carry at the local bar. But if that’s what my colleagues on the other side of the aisle are intent on doing, I’ll try to meet you halfway. If you want folks to be able to carry a pistol into a preschool, can’t we at least have a conversation about how we can ensure that only properly trained individuals do so? And if you want folks to be able to carry a Berretta into the bar, can’t we at least have a conversation about how we can ensure that only properly trained individuals do so? Telling someone that all they have to do to be qualified is fire an additional 94 rounds, is nowhere near the level of training that is needed. You can fire off 94 rounds in just a matter of minutes, and you can fire 94 rounds off in just a matter of seconds if you have a bump stock.
Now it’s no secret in this chamber that I am incredibly proud of my time spent serving my country as a United States Marine and a member of two scout sniper platoons. I talk about it all the time. And whether it was at boot camp, or time spent at the range, time spent training with my brothers, you name it, weapons safety and weapons handling was at the forefront of absolutely everything that we did. We took in-depth courses to learn the ins and outs of M4 Carbines, our M9 Berettas, the M40A3, the Mark 11, the Mark 12, the Mark 12. But this bill does not require anywhere near that level of training. We spent time learning how to aim and to shoot properly, and how to aim small so that you miss small so that rounds don’t accidently hit innocent civilians. But this bill doesn’t require that level of training either. We spend day, after day, after day at the rifle range, throwing lead down-range, perfecting our shooting positions, manipulating our techniques, and refining our crafts. But this bill does not require that level of training either. We then conducted live-shooting situations. We were shot with simulation rounds. We were challenged on our fine motor skills. Almost all of which are lost when you are in a combat situation because shooting at a paper target in a controlled environment is vastly different than reacting in a real emergency. And of course this bill does not require that level of training either.
We require extensive training for our military to increase safety and security. We require extensive training for our law enforcement officials to increase safety and security. But if someone wants to turn our bars into a Wild West saloon, or if someone wants to turn our classrooms into yet another memorial to lives of children lost to gun violence, it would appear that this legislature wants you to have it. And if I learned anything throughout my training, it is that these weapons have absolutely no place around children and they have absolutely no place around alcohol. But once more, here we are acting not in the best interest of our local communities, but instead, we are dictating to them what they can and cannot do.
That brings me to my second point, Mr. President, and that is: a loss of local control. When I first came to Lansing I used to hear many of my friends on the other side of the aisle drone on and on about the importance of local control. “The closer the decisions are being made to the people it affects the better,” they would say. We need to let these decisions occur within the local units of government that represent our communities. But instead with this legislation, Mr. President, we are telling our local school districts that they have no say. And worse still, we are telling our parents that they have no control over the safety and security of their children. Imagine that for one second, the party of local control, the party of less government, the part of individual freedoms, the part of liberty, telling Michigan parents that they know better than they do. It is frustrating to sometimes have to remind Republicans what it is they stand for. Under this bill, under no circumstance will parents, community leaders, or school districts be able to come together and say that they don’t want guns in their schools. So please spare me the local control argument from here on out.
And finally, Mr. President, I want to touch on just how terribly tone-deaf this legislation is. We have been lectured incessantly about how the days and weeks following a tragedy such as Columbine, or Newtown, or Las Vegas, “well these are just not the times to discuss our gun laws.” Yet here we are just days after yet another church shooting—a word that I still can’t even fathom exists in our lexicon, a church shooting—and we are getting ready to pass legislation regarding guns. So let’s be clear and let’s be honest, that in this chamber we do not give a damn about the timing of these events because we have become numb to them entirely. We pretend like we have absolutely no other choice then to accept a United States of America that is more violent, more homicidal, and more helpless than the rest of the civilized world. Our lone response out of this esteemed body is to increase the prevalence of guns in our society—in our schools, in our daycares, in our hospitals, and in our bars.
We could be beefing-up background checks. We could be looking at increasing cooling-off periods for purchasing guns. We could even be increasing the money that we spend on mental health care or allowing local police access to mental health records to try and prevent these tragedies. But the truth of the matter, Mr. President, is we are not here to protect our communities today, we are here to tell them that they must live with gun violence because we are too weak to stand up and say that enough is enough. Doing the right thing would make too much sense but as I already pointed out, we are not here to make sense today.
Senator Gregory’s statement is as follows:
Colleagues, I rise to offer my “no” vote explanation, and I’d also like to have this “no” vote explanation for Senate Bill Nos. 584, 585, and 586. As a veteran and former police officer, I spent my career keeping our citizens safe, and it goes without saying that I wholeheartedly believe in our Second Amendment right to bear arms and for the right to protect our families. I served in the Wayne County Sheriff’s Department for 30 years, and I can tell you first hand that pistols and preschools do not mix. Guns do not belong in our schools, churches, bars, sports arenas, dorm rooms or college campuses.
My biggest fear is a situation in which good guys with guns end up slowing down law enforcement and buying the shooter more time to kill more people and then get away. That would be an utter nightmare, and that’s exactly what happened in a Walmart shooting in Colorado. It took police officers five extra hours to identify the shooter because of the number of people who pulled out guns. None of these people stopped the crimes, and police said that these people absolutely slowed the process of determining who and how many suspects were involved. This nightmare scenario could have been made even worse if one of those well-intentioned good Samaritans had accidently shot a child in the process.
This is exactly what could happen if you allow citizens whose only training is not at a gun range, but in their backyards. Not the high-intensity scenarios that police officers are trained in, the training which includes “shoot and don’t shoot.” On top of that, it would create chaos and confusion for law enforcement. Police officers have to make split-second decisions that are a matter of life and death. When we enter an active shooter situation, we have to decide who the victim is and who the shooter is. That decision becomes infinitely harder when one of those good guys pulls a gun during an active shooter situation. Personally, I would not be able to live with myself knowing that I killed an innocent person.
This is exactly why guns do not belong in schools, unless they are in the hands of a highly-trained police officer or a highly-trained security guard. Any gun that enters a school should be treated as a threat until proven otherwise. This legislation invokes far more risk than it does reward. Far more risks of accidental shooting by parents or teachers who are careless with their guns, far more risks of a troubled student getting ahold of a teacher’s gun to harm themselves or others, and far more risks of letting potential shooters through the doors because they are posing as an over-protective parent. The risk is not worth it. That is why I urge my colleagues to vote no on allowing guns in schools.
Senator Warren’s statement is as follows:
I rise for my “no” vote explanation.
After last week’s Walmart shooting in Colorado, detectives were quoted as saying that patrons, shoppers, and the good guys who were drawing guns slowed the process of identifying who and how many suspects were involved in the shooting and hindered their ability to get that situation under control and taken care of. They couldn’t tell the good guys from the bad guys. More guns carried in a concealed manner, in more places, is not the answer.
When we’re getting our kids ready to go back to school in the fall, and we’re buying their pens, paper, pencils, and increasingly, technology—their laptops, their tablets—we should not have to be adding bullet-proof panels to put in their backpacks to the shopping list. Which, horrifyingly, is a real thing that is being sold here in our country. More guns carried in a concealed manner, in more places, is not the answer.
Colleagues, we have been entrusted by the people of Michigan, by our voters from our districts, to look out for their well-being. To advance policies that make our environment safer. We need to have a real conversation about gun violence in this country. We are the leaders, we should be having that conversation. I don’t have all the answers, but I’m willing to sit down with anybody in this room, or across the dome, who is willing to have a conversation about what we do with our firearms policies to protect our citizens from this increasing crisis of gun violence, intentional and unintentional.
Colleagues, I don’t have the answer. But I know that more guns carried in a concealed manner, in more places, is not the answer.
I urge my colleagues to vote “no” on this legislation.
Senator Hood’s statement is as follows:
I rise for my “no” vote explanation.
So, we come here today on a very important issue. The sponsors of the legislation—as was indicated earlier—and I agree that we should be doing everything that we can do to make our citizens and world a safer place—the state of Michigan a safer place. I know that we all have different ideas on how to get to different conclusions, and that’s what was indicated earlier. That’s what’s great about America—that we can all have different opinions, viewpoints, and ideas, and we have the luxury to be able to stand in this chamber and make those laws, and we have the opportunity and the chance to debate.
But ultimately, as we debate, we represent the citizens of the state of Michigan, and what we should be doing here in this chamber is exactly that: representing. Part of that is the committee process, where legislation goes through its procedures and it gets vetted through the process. And in that process yesterday in committee, there was card after card after card after card after card after card in testimony opposing this legislation—overwhelmingly opposing this legislation. In that case, do we listen to the people who came here and testified? In this society of a democracy that we live in, I thought it always meant that the majority rules. That’s how we conduct our business here—the majority rules. But, maybe in some cases, it doesn’t. Maybe we lean towards dictatorship. I’m not saying that we are, but we must keep an open eye to it based on the testimony and the opposition that I’m hearing in my office and I’m sure you all are hearing in yours.
So let’s talk more about the legislation. Teachers teach. We legislate. We should be giving teachers and educators all the tools that they need to educate. Time after time educators say—said yesterday and we heard from educators here today—this is not one of those tools and that it’s not going to help in the classroom to teach our students. Let the teachers teach, please. Let the professionals do what they’re supposed to do.
This legislation also talks about allowing those who pass the extra steps to be able to carry in bars. Let’s see, what happens in bars? Alcohol is consumed. Studies show—and some of us have been in bars—that alcohol impairs your decision-making abilities. That’s why we have .08 and you can’t drive, because it impacts your decision-making abilities. But at some point, while I’m at a bar, I can’t walk out of that bar and drive because I’m .08, but I can still carry my gun. We know that great things don’t happen in bars. We see barroom fights, barroom brawls, brawls we always talk about—someone’s always talking about what happened back in college or whatever the case may be when they had a barroom brawl—and now we’re going to enter guns into that scenario. It’s a recipe for disaster.
What if a bullet just goes through a wall in a classroom? One person pulls out a gun, then, “I’m going to save the world. I’m going to save everybody and I’m going to pull out another gun.” Now you have two people with a gun shooting at each other—one with 16 hours of training and the other with possibly none at all. Is this the best scenario?
I ask, let’s just take a look at this legislation and see if it’s what’s best for the citizens of the state of Michigan, and overwhelmingly, the citizens are saying “no.” They don’t want it. Even if you think it’s best, they’re saying “no,” that they don’t want it, and that’s who we represent here—or are supposed to represent—in this chamber. No matter what we want, represent what the people of the state of Michigan want.
With that, Mr. President, I implore you all to take a look and listen. Open up your ears and let’s do what we were sent here to do: to represent the people.
Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 634
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 634, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18223 (MCL 333.18223), as amended by 2014 PA 385.
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. 458 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Green
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
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 Proos 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 with a substitute therefor, the following bill:
Senate Bill No. 605, entitled
A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 2011 PA 106.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 596, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72103, 72105, and 72106 (MCL 324.72103, 324.72105, and 324.72106), section 72103 as amended by 2014 PA 210 and sections 72105 and 72106 as amended by 2014 PA 212, and by adding section 72103a.
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.
Statements
Protest
Senator Young, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 584, 585, and 586.
Senator Young’s statement is as follows:
Colleagues, I rise to offer my “no” vote explanation for the Pistols in Preschools legislation and I’d like to start with a quote from Senator Elizabeth Warren: “We lose eight children and teenagers to gun violence every day. If a mysterious virus suddenly started killing eight of our children every day, America would mobilize teams of doctors and public health officials. We would move heaven and earth until we found a way to protect our children. But not with gun violence.” Why have we not mobilized to address the killing of our children? How many lives does it take for us to say enough is enough already?
For me, even one child’s life lost to gun violence is one too many. And for the heartbroken parents across this country who never got to pick their baby up from school at the end of the day, let me say to you: your child is not forgotten. And if anyone in this chamber has forgotten, let me remind you that within the last four years alone—between November 7, 2017 going all the way back to January 8, 2013—there have been 252 shootings at schools in this country: in Fort Worth, Texas, at Texas Christian University; right here in Lansing, Michigan, at Pattengill Middle School; in Salt Lake City, Utah, at the University of Utah; in Chicago, Illinois, at the Irma C. Ruiz Elementary School; in Grambling, Louisiana, at Grambling State University; in Petersburg, Virginia, at Virginia State University; another one, five days earlier, same location—in Petersburg, Virginia—at Virginia State University; in Lubbock, Texas, at Texas Tech University; in Commodore, Pennsylvania, at Purchase Line Elementary School; in Lee’s Summit, Missouri, at Lee’s Summit North High School; in Mattoon, Illinois, at Mattoon High School; in Akron, Ohio, at the University of Akron; in Rockford, Washington, at Freeman High School; in St. Paul, Minnesota, at St. Catherine University; in Columbus, Ohio, at Columbus Scioto 6-12; in North Little Rock, Arkansas, at North Little Rock High School; in Nashville, Tennessee, at Tennessee State University; in College Station, Texas, at Texas A&M University; in Lithia Springs, Georgia, at Lithia Springs High School; in Fayetteville, Arkansas, at the University of Arkansas; in Spanish Fork, Utah, at Spanish Fork High School; in Milwaukee, Wisconsin, at Hickman Academy Preparatory School; in Las Vegas, Nevada at the University of Nevada-Las Vegas; in Florence, South Carolina at Wilson High School; in Chicago, Illinois, at Warren Elementary School; in Fort Wayne, Indiana, at Ravenscroft Beauty College; in Greensboro, Alabama, at Greensboro High School; in Kirbyville, Texas, at Kirbyville High School; in Moss Bluff, Louisiana, at Moss Bluff Elementary School; in Irving, Texas, at North Lake College; in Orem, Utah, at Utah Valley University; in Tulsa, Oklahoma, at Booker T. Washington High School; in San Bernardino, California, at North Park Elementary School; in St. Paul, Minnesota at the University of St. Thomas; in Pensacola, Florida, at the University of West Florida; in Gaffney, South Carolina at Limestone College; in Wilberforce, Ohio at Central State University; in Scotlandville, Louisiana, at Scotlandville High School; in Aiken, South Carolina, at South Aiken High School; in Manhattan, Kansas, at Kansas State University; in West Liberty, Ohio, at West Liberty-Salem High School; in Eastpoint, Florida, at Franklin County Elementary School; in Alexander City, Alabama, at Alexander City Middle School; in Lebanon, Ohio, at the Warren County Career Center; in Salt Lake City, Utah, at the University of Utah; in St. Louis, Missouri, at Bayless High School; in Bountiful, Utah, at Mueller Park Junior High School; in St. Paul, Minnesota, at Crossroads Elementary School; in Auburn, Michigan, at Bay City Western High School; in Berthoud, Colorado, at Berthoud High School; in Grand Junction, Colorado, at Grand Junction High School; in Caledonia, Michigan, at Davenport University; in Huntsville, Alabama, at Alabama A&M University; in Prichard, Alabama, at Vigor High School; in Fort Worth, Texas, at Dunbar High School; in Townville, South Carolina, at Townville Elementary School; in Stephenville, Texas, at Tarleton State University; in Cedar Rapids, Iowa, at Cedar Rapids Jefferson High School; in Montgomery, Alabama, at Auburn University at Montgomery; in Alpine, Texas, at Alpine High School; in Tulsa, Oklahoma, at McLain High School; in Booneville, Mississippi, at Northeast Mississippi Community College; in Ava, Missouri, at Ava High School; in Dallas, Texas, at El Centro College; in Vallejo, California, at Solano Community College; in Columbia, Missouri, at the University of Missouri; in Los Angeles, California, at the University of California-Los Angeles; in Augusta, Kansas, at Augusta High School; in Greenville, South Carolina, at Southside High School; in Jamaica, New York, at St. John’s University; in Panama City, Florida, at Oscar Patterson Elementary School; in Columbia, Missouri, at the University of Missouri; in Twin Falls, Idaho, at Robert Stuart Middle School; in Beltsville, Maryland, at High Point High School; ion Dallas, Texas, at Kimball High School; in Charleston, West Virginia, at the University of Charleston; in Tuskegee, Alabama, at Tuskegee University; in Manhattan, Kansas, at Kansas State University; in Tacoma, Washington, at the University of Puget Sound; In Charlotte, North Carolina, at Johnson C. Smith University; in Atlanta, Georgia, at Georgia State University; in Birmingham, Alabama, at Huffman High School; in Middletown, Ohio, at Madison High School; in Palestine, Texas, at Palestine High School; in Homosassa, Florida, at Rock Crusher Elementary School; in Glendale, Arizona, at Independence High School; in Muskegon Heights, Michigan, at Muskegon Heights High School; in Philadelphia, Pennsylvania, at Benjamin Franklin High School; in Indianapolis, Indiana, at Lawrence Central High School; Again in Indianapolis, Indiana, at Northwest Community High School; in Camden, Arkansas, at Harmony Grove High School; in Dover, Delaware, at Central Middle School; in Greeley, Colorado, at Aims Community College; in Jackson, Tennessee, at Lane College; in Columbus, Ohio, at Ohio State University; in Sulphur Rock, Arkansas, at Sulphur Rock Magnet School; in Lecanto, Florida, at Lecanto High School; in Moultrie, Georgia, at Vereen School; in Winston-Salem, North Carolina, at Winston-Salem State University; in Durham, North Carolina, at North Carolina Central University; in San Antonio, Texas, at Ed White Middle School; in Nashville, Tennessee, at Tennessee State University; in Langston, Oklahoma, at Langston University; in San Antonio, Texas, at Wagner High School; in Tampa, Florida, at the University of South Florida; in Houston, Texas, at Texas Southern University; in Flagstaff, Arizona, at Northern Arizona University - Flagstaff; in Houston, Texas, at Texas Southern University; in University City, Missouri, at University City High School; in Roseburg, Oregon, at Umpqua Community College; in Harrisburg, South Dakota, at Harrisburg High School; in Butte, Montana at Montana, Tech of the University of Montana; in Statesville, North Carolina, at Central Elementary School; in Cleveland, Mississippi, at Delta State University; in Lafayette, Louisiana, at Northside High School; in Sacramento, California, at Sacramento City College; in Savannah, Georgia, at Savannah State University; in Houston, Texas, at Texas Southern University; in Augusta, Georgia, at Hornsby Elementary School; in Richmond, Texas, at William Velasquez Elementary; in Paradise, Texas, at Paradise High School; in Wichita, Kansas, at Wichita State; in Gainesville, Florida, at the University of Florida; in Converse, Texas, at Elolf Elementary School; in Dallas, Texas, at Coppell Middle School East; in Fort Calhoun, Nebraska, at Fort Calhoun Elementary School; in Franklin, North Carolina, at South Macon Elementary School; in Everglades City, Florida, at Everglades City School; in Flint, Michigan, at the Southwestern Classical Academy; in Robinson, Texas, at Robinson High School; in Tempe, Arizona, at Corona del Sol High School; in Conyers, Georgia, at Conyers Middle School; in Cleveland, Ohio, at Willow Elementary School; in Orem, Utah, at Utah Valley University; in Lacey, Washington, at North Thurston High School; in Las Vegas, NV Ruthe Deskin Elementary School; in Dover, Delaware, at Delaware State University; in Charlotte, North Carolina, at Johnson C. Smith University; in Dover, Delaware, at Delaware State University; in Seguin, Texas, at Seguin High School; in Goldsboro, North Carolina, at Wayne Community College; in Everett, Washington, at Everett Community College; in Monaca, Pennsylvania, at Community College of Beaver County; in Jackson, Tennessee, at Lane College; in Coon Rapids, Minnesota, at Northwest Passage High School; in Daytona Beach, Florida, at Bethune-Cookman University; in Merced, California, at Tenaya Middle School; in Athens, Georgia, at the University of Georgia; in Little Rock, Arkansas, at Lawson Elementary School; in Columbia, South Carolina, at the University of South Carolina; in Frederick, Maryland, at Frederick High School; in Mankato, Minnesota, at Minnesota State University; in Roseville, Minnesota, at Hand in Hand Montessori; in Hardeeville, South Carolina, at Royal Live Oaks Academy; in Mobile, Alabama, at Williamson High School; in Ocala, Florida, at Vanguard High School; in Milwaukee, Wisconsin, at Wisconsin Lutheran High School; in Waterville, Maine, at Benton Elementary School; in Pittsburgh, Pennsylvania, at Sunnyside Elementary School; in Claremore, Oklahoma, at Rogers State University; in Annapolis, Maryland, at St. Johns College; in Tallahassee, Florida, at Florida State University; in Marysville, Washington, at Marysville Pilchuck High School; in Memphis, Tennessee, at A. Maceo Walker Middle School; in Langston, Oklahoma, at Langston University; in Nashville, Tennessee, at Tennessee State University; in Elizabeth City, North Carolina, at Elizabeth City State University; in Fairburn, Georgia, at Langston Hughes High School; in Albermarle, North Carolina, at Albemarle High School; in Louisville, Kentucky, at Fern Creek High School; in Terre Haute, Indiana, at Indiana State University; in Nashville, Tennessee, at Tennessee State University; in Taylorsville, Utah, at Westbrook Elementary School; in Lake Mary, Florida, at Greenwood Lakes Middle School; in Savannah, Georgia, at Savannah State University; in Pocatello, Idaho at Idaho State University; in Newport News, Virginia, at Saunders Elementary; in Frederick, Maryland, at Heather Ridge High School; in Miami, Florida, at the University of Miami; in Benton, Missouri, at Kelly High School; in Troutdale, Oregon, at Reynolds High School; in Seattle, Washington at Seattle Pacific University; in Milwaukee, Wisconsin at Clarke Street School Playground; in Lawrenceville, Georgia at Georgia Gwinnett College; in Georgetown, Kentucky at Georgetown College; in Augusta, Georgia, at Paine College; again, one day earlier, same location in Augusta, Georgia, at Paine College; in Everett, Washington at Horizon Elementary; in Milwaukee, Wisconsin at Marquette University; in Provo, Utah at Provo High School; in Griffith, Indiana at St. Mary Catholic School; in Council Bluffs, Iowa at Iowa Western Community College; in Detroit, Michigan at East English Village Preparatory Academy; in Kent, Ohio at Kent State University; in Savannah, Georgia at Savannah State University; in Newark, Delaware at University of Delaware; in Oshkosh, Wisconsin at University of Wisconsin - Oshkosh; in Tallulah, Louisiana at Madison Parish High School; in Westminster, Maryland at McDaniel College; in Raytown, Missouri at Raytown Success Academy; in Jackson, Tennessee at Union University; in Lyndhurst, Ohio at Charles F. Brush High School; in Salisbury, North Carolina at Salisbury High School; in Bend, Oregon at Bend High School; in Des Moines, Iowa at North High School; in Phoenix, Arizona at Cesar Chavez High School; in Nashville, Tennessee at Tennessee State University; in Grambling, Louisiana at Grambling State University; in Orangeburg, South Carolina at South Carolina State University; in West Lafayette, Indiana at Purdue University; in Chester, Pennsylvania at Widener University; in Philadelphia, Pennsylvania at Delaware Valley Charter High School; in Lancaster, Pennsylvania at King Elementary School; in Roswell, New Mexico at Berrendo Middle School; in Jackson, Tennessee at Liberty Technology Magnet High School; in Fresno, California, at Edison High School; in Centennial, Colorado, at Arapahoe High School; in Winter Garden, Florida, at West Orange High School; in Rapid City, South Dakota, at South Dakota School of Mines & Technology; in Stone Mountain, Georgia, at Stephenson High School; in Greensboro, North Carolina, at North Carolina A&T State University; in Algona, Iowa, at Algona High/Middle School; in Sparks, Nevada, at Sparks Middle School; in Austin, Texas, at Lanier High School; in Pine Hills, Florida, at Agape Christian Academy; in Gray, Maine at Gray‑New Gloucester High School; in Savannah, Georgia, at Savannah State University; in Winston-Salem, North Carolina, at Carver High School; in Sardis, Mississippi, at North Panola High School; in Memphis, Tennessee, at Westside Elementary School; in Decatur, Georgia, at the Ronald E. McNair Discovery Learning Academy; in Clarksville, Tennessee, at Northwest High School; in West Palm Beach, Florida, at the Alexander W. Dreyfoos School of the Arts; in Santa Monica, California, at Santa Monica College; in Hattiesburg, Mississippi at the University of Southern Mississippi; in Cincinnati, Ohio at La Salle High School; in Tuscaloosa, Alabama, at Stillman College; in Grambling, Louisiana, at Grambling State University; in Elizabeth City, North Carolina at Elizabeth City State University; in Christiansburg, Virginia, at New River Community College; in Southgate, Michigan, at Davidson Middle School; in Orlando, Florida, at the University of Central Florida; in Atlanta, Georgia, at Henry W. Grady High School; in San Leandro, California, at Hillside Elementary School; Atlanta, Georgia, at Morehouse College; also in Atlanta, Georgia, at Price Middle School; in Houston, Texas at Lone Star College North Harris Campus; in Chicago, Illinois, at Chicago State University; in Hazard, Kentucky, at Hazard Community and Technical College; in St. Louis, Missouri, at the Stevens Institute of Business & Arts; in Taft, California, at Taft Union High School; and, in Fort Myers, Florida, at Apostolic Revival Center Christian School.
If you were paying close attention to the list, you should’ve noticed that the state of Texas has the most school shootings in the nation. Coincidentally, it also has some of the most lax gun laws in the nation. But my colleagues on the other side of the aisle base their legislative agenda on donor funding, not facts. It’s an unfortunate reality that must change.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, November 7:
House Bill Nos. 4207 4535 5093
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, November 7, for his approval the following bills:
Enrolled Senate Bill No. 360 at 3:10 p.m.
Enrolled Senate Bill No. 378 at 3:12 p.m.
Enrolled Senate Bill No. 372 at 3:14 p.m.
Enrolled Senate Bill No. 435 at 3:16 p.m.
Enrolled Senate Bill No. 436 at 3:18 p.m.
Enrolled Senate Bill No. 437 at 3:20 p.m.
Enrolled Senate Bill No. 438 at 3:22 p.m.
The Secretary announced that the following bills were printed and filed on Tuesday, November 7, and are available at the Michigan Legislature website:
House Bill Nos. 5221 5222 5223 5224
Committee Reports
The Committee on Government Operations reported
Senate Bill No. 584, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5a, 5b, 5d, and 5o (MCL 28.425a, 28.425b, 28.425d, and 28.425o), sections 5a, 5b, and 5o as amended by 2017 PA 95 and section 5d as amended by 2015 PA 3.
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.
Arlan B. Meekhof
Chairperson
To Report Out:
Yeas: Senators Meekhof, Hansen and Kowall
Nays: Senators Ananich and Hood
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No. 585, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.
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.
Arlan B. Meekhof
Chairperson
To Report Out:
Yeas: Senators Meekhof, Hansen and Kowall
Nays: Senators Ananich and Hood
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No. 586, entitled
A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending sections 1 and 2 (MCL 123.1101 and 123.1102), as amended by 2015 PA 29.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Arlan B. Meekhof
Chairperson
To Report Out:
Yeas: Senators Meekhof, Hansen and Kowall
Nays: Senators Ananich and Hood
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submitted the following:
Meeting held on Tuesday, November 7, 2017, at 2:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood
COMMITTEE ATTENDANCE REPORT
The Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Wednesday, November 1, 2017, at 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor, Gregory and Hertel
Scheduled Meetings
Education - Thursday, November 9, 12:00 noon, Room 1300, Binsfeld Office Building (373-5314)
Energy and Technology - Thursday, November 9, 12:30 p.m., Room 1100, Binsfeld Office Building (373-1721)
Transportation - Thursday, November 9, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 3:58 p.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, November 9, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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