No. 30
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2015
Senate Chamber, Lansing, Wednesday, March 25, 2015.
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—excused Hopgood—present Pavlov—present
Bieda—present Horn—present Proos—present
Booher—present Hune—present Robertson—present
Brandenburg—present Johnson—present Rocca—present
Casperson—present Jones—present Schmidt—present
Colbeck—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Smith—present
Gregory—present MacGregor—present Stamas—present
Hansen—present Marleau—present Warren—present
Hertel—present Meekhof—present Young—present
Hildenbrand—present Nofs—present Zorn—present
Hood—present O’Brien—present
Pastor David Williams of Dorr Baptist Church of Dorr offered the following invocation:
Dear Heavenly Father, thank You for this great state of Michigan. Thank You for all the elected officials throughout this great state. Also, Lord, thank You for the Senators who are gathered here and for their staffs and families. Thank You for all those who contribute to this fine and great state government that we are here representing today.
Please watch over us, all of the ones here, and guide them as they work together to lead this great state. Let their fellowship grow as this day continues, as well as during their time here in session. Let this state move forward under their guidance, and put Your hand upon all of the ones here.
In Your Son Jesus’ name, I pray. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Kowall moved that Senator Nofs be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Ananich be excused from today’s session.
The motion prevailed.
Senator Nofs entered the Senate Chamber.
The following communication was received and read:
Office of the Senate Majority Leader
March 25, 2015
I would like Senate Bill 231 (Jones) re-referred to the Senate Committee on Regulatory Reform.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Arlan Meekhof
30th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 24:
House Bill No. 4054
The Secretary announced that the following bills were printed and filed on Tuesday, March 24, and are available at the Michigan Legislature website:
Senate Bill Nos. 232 233
Messages from the Governor
The President pro tempore, Senator Schuitmaker, assumed the Chair.
The following message from the Governor was received and read:
March 23, 2015
I respectfully submit to the Senate the following appointments to office:
Chair - Michigan Strategic Fund Board of Directors
Steve Arwood of 5665 S. Forrest Hill Road, St. Johns, Michigan 48879, county of Clinton, is appointed for a term expiring at the pleasure of the Governor.
Michigan Strategic Fund Board of Directors
Larry L. Koops of 581 Old Orchard Road, Holland, Michigan 49423, county of Ottawa, Senate Majority Leader’s recommendation, is appointed for a term expiring at the pleasure of the Governor.
James V. Walsh of 9100 Ladner Farms Drive, N.E., Ada, Michigan 49301, county of Kent, is appointed for a term expiring February 28, 2017.
Terri Jo Umlor of 10973 N 31 3/4 Road, Kingsley, Michigan 49649, county of Wexford, is appointed for a term expiring February 28, 2019.
Paul E. Anderson of 6386 Red Fox Trail, Perry, Michigan 48872, county of Shiawassee, is appointed for a term expiring February 28, 2018.
Jody DePree Vanderwel of 2967 Lakeshore Drive N., Holland, Michigan 49424, county of Ottawa, is appointed for a term expiring February 28, 2019.
Shaun W. Wilson of 366 Hillcrest Avenue, Grosse Pointe Farms, Michigan 48236, county of Wayne, is appointed for a term expiring February 28, 2016.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Horn as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4120, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30.
The bill 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. 9, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 7 and 7a (MCL 722.27 and 722.27a), section 7 as amended by 2005 PA 328 and section 7a as amended by 2012 PA 600.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4119, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304.
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.
Resolutions
Senator Kowall offered the following concurrent resolution:
Senate Concurrent Resolution No. 10.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 26, 2015, it stands adjourns until Tuesday, April 14, 2015, at 10:00 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Thursday, March 26, 2015, it stands adjourned until Tuesday, April 14, 2015, at 1:30 p.m.
Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution was adopted.
Senators Booher, Brandenburg, Gregory, Hansen, Knollenberg, MacGregor, Marleau and Proos were named co‑sponsors of the concurrent resolution.
Senators Bieda, Knezek, Young, Ananich and Hood offered the following resolution:
Senate Resolution No. 30.
A resolution of tribute honoring the 100th Anniversary of the founding of Kiwanis International.
Whereas, In 1915, Kiwanis International began its remarkable history in Detroit, Michigan. The club began as a fraternal group committed to connecting young businessmen with opportunities, but over the course of the last century, they have gone on to serve local communities and the world. On January 21, 2015, Kiwanis celebrated its 100th Anniversary and continues the legacy that began so long ago; and
Whereas, Kiwanis quickly expanded its membership to cities across the United States and into Canada within the first few years it was established. Over the last 100 years, the mission of the Kiwanis clubs and its members remained devoted to community service and improvement of the world. The original goal of the founders was to create a club unlike any other, and they have fulfilled that promise. Kiwanis has made significant strides to reach out to people in need, especially children, through programs which aim to do work that public authorities are unable to facilitate or by funding worthy causes around the world; and
Whereas, The efforts of Kiwanis could not be made possible without the establishment of over 8,400 clubs in 96 nations and the work of over 600,000 active members. The Kiwanis family represents different cultures and creeds, while they are united under their slogan to “Serve the Children of the World.” Kiwanis members are community leaders who value community service and spend countless hours each year completing service projects; and
Whereas, Kiwanis continues to demonstrate their devotion to local communities and translating that passion to global efforts through the work of its members. The satisfaction members receive from giving back is the motivation for the clubs to continue their work for years to come. Kiwanis International will continue to be a beacon of light for our most vulnerable citizens and lead the world in accomplishing service work for those who need it most; now, therefore, be it
Resolved by the Senate, That we offer this expression of tribute in honor of Kiwanis International on the occasion of its 100th Anniversary of its founding on January 21, 2015; and be it further
Resolved, That a copy of this resolution be transmitted to the Kiwanis International headquarters in Indianapolis, Indiana, and the Kiwanis Club No. 1 in Detroit, where the organization was originally founded.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Booher, Brandenburg, Colbeck, Gregory, Hansen, Horn, Jones, Knollenberg, Marleau, Proos, Rocca, Schmidt, Warren and Zorn were named co‑sponsors of the resolution.
Senator Johnson entered the Senate Chamber.
Senator Kowall offered the following resolution:
Senate Resolution No. 31.
A resolution to urge the adoption of Intelligent Transportation System technologies throughout the state, further research into vehicle communication systems, and the testing and operation of connected and automated vehicles.
Whereas, Southeast Michigan has been a national leader in intelligent transportation system (ITS) technology development and testing since the 1950s. These systems use state-of-the-art sensing, communications, and data-processing technologies to solve congestion and safety issues by making existing structures more efficient. The Michigan Department of Transportation (MDOT), the road commissions of Oakland and Macomb counties, the Wayne County Department of Public Services, the city of Detroit, and the Suburban Mobility Authority for Regional Transportation (SMART) have cooperated to develop and install many traffic management systems, including freeway cameras, dynamic messaging signs, adaptive traffic signals, traffic detectors, and traffic operations centers. Oakland County also had the first beacon-based route guidance system deployed in North America, with project partners Ford, GM, and Chrysler. The collaboration of private industry and public agencies in such work builds upon the long tradition of automotive research centered in Michigan; and
Whereas, The University of Michigan Transportation Research Institute is the nationally preeminent public research facility in intelligent vehicle and traffic systems and is currently managing the most significant testing of such technology in the country; and
Whereas, Michigan’s leadership role has been highlighted by hosting the prestigious Intelligent Transportation Systems World Congress in September 2014 and the leading role MDOT has taken among state transportation departments in researching and reviewing intelligent traffic systems and the use of connected and automated vehicles; and
Whereas, Michigan has been involved in the development and demonstration of vehicular communication systems which could help avoid up to 81 percent of all traffic accidents. The region’s road agencies and partners continue to collaborate and stay on the cutting edge of transportation technology to improve safety and reduce congestion on the roads; and
Whereas, The U.S. Department of Transportation has a new ITS Strategic Plan that continues the momentum of ITS development in the United States, with a particular focus on connected vehicle and automation programs. Development of connected vehicles and automation will produce significant safety and congestion benefits when just 5-7 percent of vehicles are so equipped. The other program categories of the strategic plan align with the wider objectives contained in the Moving Ahead for Progress in the 21st Century Act (MAP-21,) including safety, mobility, environmental impact, innovation, and information sharing; and
Whereas, Although MDOT and other Michigan road agencies have received federal research dollars in the development and testing of various ITS technologies and have expanded the use of the technology from the urban Detroit freeway network to Grand Rapids and other areas, this is technology from which the entire state could benefit. Improved traffic signal control and traveler information systems are some of the most cost-effective methods for increasing safety and mobility. The cost-benefit ratio of retiming 640 traffic signals in Oakland County was 175:1. Integrated corridor management systems that promote coordination among freeways, arterials, and transit systems can help balance traffic flow and enhance safety and are also cost-efficient over ten years. With millions of federal dollars available for further ITS research, Michigan can benefit and should expand the technology to enhance safety statewide to continue its national leadership in ITS technology; now, therefore, be it
Resolved by the Senate, That we urge the adoption of Intelligent Transportation System technologies throughout the state, further research into vehicle communication systems, and the testing and operation of connected and automated vehicles.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Bieda, Booher, Brandenburg, Colbeck, Gregory, Hansen, Hood, Horn, Knollenberg, Marleau, Proos, Schmidt and Warren were named co‑sponsors of the resolution.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 42, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a.
(For text of amendments, see Senate Journal No. 29, p. 358.)
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 61 Yeas—37
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Smith
Emmons Johnson O’Brien Stamas
Green Jones Pavlov Warren
Gregory Knezek Proos Young
Hansen Knollenberg Robertson Zorn
Hertel
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Shirkey introduced
Senate Bill No. 235, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6s, 10, 10a, and 10bb (MCL 460.6s, 460.10, 460.10a, and 460.10bb), the title as amended by 2005 PA 190, section 6s as added and sections 10 and 10a as amended by 2008 PA 286, and section 10bb as added by 2000 PA 141.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Casperson introduced
Senate Bill No. 236, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3122 (MCL 324.3122), as amended by 2011 PA 90.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Brandenburg, Booher and Bieda introduced
Senate Bill No. 237, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20154.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Hood, Gregory, Bieda, Hansen and Knezek introduced
Senate Bill No. 238, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80172 (MCL 324.80172), as added by 1995 PA 58.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
House Bill No. 4054, entitled
A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4051
Senate Bill No. 173
Senate Bill No. 85
The motion prevailed.
The following bill was read a third time:
House Bill No. 4051, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240.
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. 62 Yeas—37
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Smith
Emmons Johnson O’Brien Stamas
Green Jones Pavlov Warren
Gregory Knezek Proos Young
Hansen Knollenberg Robertson Zorn
Hertel
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 173, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11 and 22a as amended by 2015 PA 5 and sections 20 and 20g as amended and section 11r as added by 2014 PA 196.
The question being on the passage of the bill,
Senator Hertel offered the following amendments:
1. Amend page 1, line 4, by striking out “$11,827,822,400.00” and inserting “$11,828,822,400.00” and adjusting the totals in enacting section 1 accordingly.
2. Amend page 26, following line 13, by inserting:
“SEC. 22l. FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET FOR 2014-2015 AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR A STATEWIDE PUBLIC RESOURCE ALLOCATION STUDY AS REQUIRED UNDER SECTION 1281A OF THE REVISED SCHOOL CODE, MCL 380.1281A.”.
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. 63 Yeas—10
Bieda Hood Knezek Warren
Gregory Hopgood Smith Young
Hertel Johnson
Nays—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Excused—1
Ananich
Not Voting—0
In The Chair: Schuitmaker
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. 64 Yeas—29
Bieda Hildenbrand Knollenberg Schuitmaker
Booher Hood Kowall Shirkey
Casperson Hopgood MacGregor Smith
Colbeck Horn Meekhof Stamas
Green Johnson Nofs Warren
Gregory Jones O’Brien Young
Hansen Knezek Schmidt Zorn
Hertel
Nays—8
Brandenburg Hune Pavlov Robertson
Emmons Marleau Proos Rocca
Excused—1
Ananich
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 85, 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 or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104).
The question being on the passage of the bill,
Senator Bieda offered the following amendments:
1. Amend page 3, line 17, after the first “a” by striking out “city or a charter township” and inserting “LOCAL UNIT OF GOVERNMENT”.
2. Amend page 3, line 18, after “from” by striking out the balance of the line through “PROHIBITING” on line 19 and inserting “prohibiting”.
3. Amend page 3, line 19, after “pistol” by inserting a comma and “PNEUMATIC GUN,”.
4. Amend page 3, line 20, after “that” by striking out the balance of the line through “PROPERTY.” on line 2 of page 4 and inserting “LOCAL UNIT OF GOVERNMENT. AN ORDINANCE SHALL NOT PROHIBIT THE DISCHARGE OF PNEUMATIC GUNS AT AUTHORIZED TARGET RANGES, ON OTHER PROPERTY WHERE FIREARMS MAY BE DISCHARGED, OR ON OR WITHIN PRIVATE PROPERTY WITH THE PERMISSION OF THE OWNER OR POSSESSOR OF THAT PROPERTY.”.
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. 65 Yeas—10
Bieda Hood Knezek Warren
Gregory Hopgood Smith Young
Hertel Johnson
Nays—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Excused—1
Ananich
Not Voting—0
In The Chair: Schuitmaker
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. 66 Yeas—29
Booher Horn Marleau Rocca
Brandenburg Hune Meekhof Schmidt
Casperson Jones Nofs Schuitmaker
Colbeck Knezek O’Brien Shirkey
Emmons Knollenberg Pavlov Smith
Green Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand
Nays—8
Bieda Hertel Hopgood Warren
Gregory Hood Johnson Young
Excused—1
Ananich
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
I rise to speak to my amendment to Senate Bill No. 85. This bill before us would take control away from local governments that may wish to regulate pneumatic guns in their communities. As an example, in its current form, the bill would allow a city or charter township to prohibit the discharge of pneumatic guns in any area within their jurisdiction that is so heavily populated as to make that conduct dangerous to inhabitants. However, I think it is important to point out that Michigan has general law townships with a population as high as 80,000. An example would be Macomb Township in Macomb County.
My amendment would ensure that all local units of government, not just cities and charter townships, would be able to regulate this conduct. I believe this is an important public safety issue and that all local governments should have the ability to regulate pneumatic guns in their communities if they so choose. It’s also about local control.
I ask my colleagues for their support of this amendment.
By unanimous consent the Senate proceeded to the order of
Statements
Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Young’s statement is as follows:
Madam President, I would like to start with a quote: “Letting states legalize marijuana would free federal law enforcement resources for the more urgent tasks of thwarting, apprehending, and prosecuting international terrorists or murderers. As a matter of states’ rights, regulating marijuana and alcohol seem indistinguishable as an alcohol policy has been entrusted to the states since the repeal of the prohibition in 1933.” I am here again to talk about freeing the weed.
First of all, I would like to clear up some things. No. 1, let me say, first of all, that I think we need to change to rules concerning statements. I think it is overrated. If a guy calls out another guy on the floor, that guy should be able to respond. One person is allowed to talk during Statements and only talk for five minutes. I think it’s overrated. I should be able to talk about what I want, when I want, and for as long as I want to. I am a grown man, and I should be able to do that. We need change.
The Senator from the 29th District made the suggestion last week that because I talked about marijuana that somehow I am for children using it. Let me be clear, marijuana is not for kids. Alcohol is not for kids. Tobacco is not for kids. Cage fighting is not for kids. Fifty Shades of Grey is not for kids. But just because you have things that are not for kids, doesn’t mean you should ban or prohibit them. Let me say this also, between 2000 and 2009, childhood accidental deaths went up by 80 percent. Prescription drugs accounted for 57 percent of that increase. Under the Senator’s same rationale, you would have to ban all prescriptions drugs. That is absurd and ridiculous. Why? Because prescription drugs have medical properties just like marijuana.
Marijuana has the ability, according to scientists, to either treat or cure HIV, cancer, fibromyalgia, epilepsy, and PTSD. There are things that we need to know on how far the medical properties have gone, and we can’t know that with marijuana being illegal. The fact that the federal government owns patents for marijuana—because of its medical properties, and yet it hasn’t been ranked as a Schedule 1 drug—is the height of hypocrisy.
Another Senator, the Senator from the 24th District, said that if you smoke marijuana, it will decrease your IQ. That is fundamentally false. Maybe that was the case when “American Bandstand” was on the air, but in the age of the Internet and Google, you can find out that those facts came from a study by the National Academy of Scientists. They rejected that study a year later saying that it was fraud, and the University of London said that smoking marijuana does not decrease your IQ. The University of Calgary said that it doesn’t lead to psychosis. Oxford University said that there are no major physical or mental horrors from smoking marijuana. Everything that people have put out since Reefer Madness is fundamentally false about this drug. It is false.
Now, am I saying that there are no bad things that can happen? No. You need to be responsible and respectful. But locking up 750,000 people, the majority of those people being African American, and ruining their lives for possession of a drug that cannot kill you is fundamentally false and absolutely ridiculous.
For the sake of criminal justice, for the sake of equal protection, for the sake of people being able to live free and die free, we need to free the weed.
Committee Reports
The Committee on Health Policy reported
Senate Concurrent Resolution No. 5.
A concurrent resolution to request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that would promote the opportunity for consumers to choose Direct Primary Care Services as an integral part of their health care plan.
(For text of resolution, see Senate Journal No. 21, p. 244.)
With the recommendation that the concurrent resolution be adopted.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas and Robertson
Nays: Senators Hertel, Knezek and Hopgood
The concurrent resolution was placed on the order of Resolutions.
The Committee on Health Policy reported
Senate Bill No. 195, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, March 24, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
The Committee on Education reported
Senate Bill No. 169, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 170, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, March 24, 2015, at 12:00 noon, Room 110, Farnum Building
Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Natural Resources submitted the following:
Meeting held on Tuesday, March 24, 2015, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Green (C), Booher and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Environmental Quality submitted the following:
Meeting held on Tuesday, March 24, 2015, at 1:30 p.m., Room 210, Farnum Building
Present: Senators Green (C), MacGregor and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Health submitted the following:
Meeting held on Tuesday, March 24, 2015, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Marleau (C), Shirkey, Hansen and Hertel
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Agriculture and Rural Development submitted the following:
Meeting held on Tuesday, March 24, 2015, at 3:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Green (C), Stamas and Hopgood
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, March 24, 2015, at 3:00 p.m., Room 110, Farnum Building
Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda
COMMITTEE ATTENDANCE REPORT
The Subcommittee on K-12, School Aid, Education submitted the following:
Meeting held on Wednesday, March 25, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hansen (C), Pavlov and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Colleges submitted the following:
Meeting held on Wednesday, March 25, 2015, at 9:00 a.m., Room 405, Capitol Building
Present: Senators Booher (C), Schuitmaker and Knezek
Scheduled Meetings
Appropriations -
Subcommittees -
Corrections - Thursday, March 26, 9:00 a.m., Room 405, Capitol Building (373-2768)
General Government - Thursday, March 26, 9:00 a.m., Room 100, Farnum Building (373-2768)
Higher Education - Thursday, March 26, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Human Services - Thursday, March 26, 2:00 p.m., Room 100, Farnum Building (373-2768)
State Police and Military Affairs - Thursday, March 26, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) (CANCELED)
Transportation - Thursday, March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Economic Development - Thursday, March 26, 1:30 p.m., Room 210, Farnum Building (373-5312)
Transportation - Thursday, March 26, 8:30 a.m., Room 210, Farnum Building (373-5323)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:46 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 26, 2015, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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