No. 46

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2015

Senate Chamber, Lansing, Thursday, May 14, 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—present 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—excused

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 Melvin Jones of Union Missionary Baptist Church of Lansing offered the following invocation:

Dear Lord, we are grateful for the opportunities that You have granted us this day; to love our neighbors as we love ourselves; to use the talents and the gifts You have given us to make a difference in the human condition; to realize the plight of human suffrage; and to seek solutions that bring uplift and hope to those living at the margins. Help us realize that we sit at the seat of political power. No institution is greater than the people it serves. No authority that seeks its own benefit to the exclusion of the least among us can last. No power solely invested in itself can stand.

Grant us the wisdom to seek justice, equity, and fairness through the legislative process and to always remember that we are our brother’s keeper. Help us to not only do what is expedient, but what is good, what is honorable, and what is pleasing in Your sight. Bless the work of our hands so that when this day is done, we can look back and say that we have done the best we can for the people of the great state of Michigan.

In the name of our Lord, Amen.

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

Motions and Communications

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

The motion prevailed.

Senators Gregory, Zorn and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Gregory’s statement is as follows:

Colleagues, I rise today with deep sadness to recognize a devastating loss and offer the most sincere and deepest condolences to our friend and former State Senator Gilda Jacobs and her family as they grieve the death of their daughter Rachel Jacobs, who was on board the train that derailed Tuesday evening in Philadelphia.

Friends and family remember Rachel as a wonderful mother, daughter, sister, friend, and wife. She was devoted to her family, her community, and the pursuit of social justice. Rachel was loved and cherished by her entire family, her husband Todd, her two-year-old son Jacob, and many friends and co-workers.

As we all go about our busy days and weeks ahead, I ask that you keep her family in your thoughts and prayers as they go through this devastating loss.

A moment of silence was observed in memory of Rachel Jacobs, daughter of former Senator Gilda Jacobs.

Senator Zorn’s statement is as follows:

I rise today in recognition of the Bedford Express Robotics Team - Bedford High School from Monroe County. They have accomplished a lot in their 13 years of existence, but in just the past few weeks, they were named the championship subdivision winner of the East Division of the World Championships. They also received the state championship to get there. This afternoon, they will be demonstrating their robot, and I invite all of you to stop by and see it.

For now, it is a joy and I would ask you to help me welcome this talented young group that will be the next generation of engineers and inventors. They are in the west Gallery.

Senator Ananich’s statement is as follows:

I also rise on a sad note. I very shortly and with great pleasure worked with Rachel in 1991 in Congresswoman River’s office. She was always a pleasure to be around. She was very intelligent and joyful, and as my colleague said, she had a two-year-old son. I would ask that we all keep our thoughts and prayers with her family. This is a tremendous loss at such a young age.

I am going to break the rule here for a minute. Senator Hood mentions quite regularly that we should make sure when we leave this building every night to hug our loved ones and not go to bed mad. We need to leave realizing that we have a lot of difficult decisions to make and be passionate about them, but not personal. We care about each other, and when our loved ones are gone, they are in a better place, but we can’t see them again.

Please pray for the family.

Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill:

House Bill No. 4115, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4115

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

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. 1

Senate Bill No. 2

Senate Bill No. 3

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

Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today:

Senate Resolution No. 51

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

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

Senate Bill Nos. 319 321 322 323 324 325 326 327 328 329

House Bill Nos. 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583

4584 4585 4586 4587

Messages from the Governor

The following message from the Governor was received:

Date: May 12, 2015

Time: 10:14 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 85 (Public Act No. 29), being

An act 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).

(Filed with the Secretary of State on May 12, 2015, at 5:19 p.m.)

Respectfully,

Rick Snyder

Governor

Messages from the House

Senate Bill No. 139, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b).

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Young and Hildenbrand admittance to the Senate floor, including the center aisle.

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

Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.

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

Recess

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

The motion prevailed, the time being 10:14 a.m.

10:28 a.m.

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

During the recess, Senator Hildenbrand introduced the Lowell High School Red Arrows Wrestling Team, MHSAA Division 2 State Champions, and Coach R.J. Boudro; and presented them with a Special Tribute.

Coach Boudro responded briefly.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 1, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205.

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. 2, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357.

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. 3, entitled

A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558).

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. 1

Senate Bill No. 2

Senate Bill No. 3

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

The following bill was read a third time:

Senate Bill No. 1, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205.

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. 170 Yeas—22

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Colbeck Hune O’Brien Schuitmaker

Emmons Jones Pavlov Shirkey

Green Knollenberg Proos Stamas

Hansen MacGregor

Nays—15

Ananich Hertel Knezek Warren

Bieda Hood Kowall Young

Casperson Hopgood Nofs Zorn

Gregory Johnson Rocca

Excused—1

Smith

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protests

Senators Young, Warren, Hopgood, Gregory and Hood, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1.

Senators Young and Warren moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Young’s statement is as follows:

I rise to strongly oppose the legislation that will repeal Michigan’s longstanding and successful prevailing wage law. What are we really doing here today? What does repealing Michigan’s prevailing wage really do, and who does it really serve? Now let’s be clear—this is not about fixing roads. These bills repealing prevailing wage were the first three bills introduced in the 2015 Senate session, five months before Proposal 1’s outcome was even known. I told you we should have fixed it here in Lansing last session. I don’t want to say I told you so, but I did tell you. I just wanted to make that clear.

This is not a solution to our roads problem. Fixing our roads is being used as a shill for passing the anti-business, anti-worker bill. This is not about saving taxpayers money. In fact, it’s far from it. There is no concrete proof that cutting corners and underpaying workers on state construction projects will save the state money. But there is legitimate concern that our state taxpayer dollars will be going to non-Michigan businesses and workers or that unchecked contractors will pay more workers under the table, hurting our state’s tax base.

This is not about jobs either. The one study by proponents of lowering wages has been refuted time and time again. At some point in time, we must let our facts, not politics, guide our decisions up here. The issues are too important, and the people need support too much to allow us to be ruled by petty partisan politics. Now is the time to come together, united in the cause of uplifting this state and put our men and women back to work, not take money out of the mouths of hardworking Americans and hardworking Michiganders. They deserve better, and we are better as an institution than this proposal that’s before us today.

We all know the projected jobs tied to prevailing wage have no likelihood of coming to fruition. Michigan’s prevailing wage law was repealed in the ’90s. It didn’t create jobs then, and it won’t create jobs now. I urge all my colleagues to stand with me and be opposed to repealing the prevailing wage. We’ve already busted the unions with right-to-work, and now we are taking hard-earned dollars from our men and women who use their hands and build masterpieces of construction and architecture every day. We are taking money from them, out of their pockets. And for what? For a better economy? No. For more jobs? No. For a steady wage? No. For a better quality of life? No. For partisan politics. It’s wrong; it’s disgusting; it’s despicable. We need to stop putting forth policy that represents our base ulterior motives, and we need to start going for excellence. This is not it.

William James said it best. He said, “The greatest discovery of my generation is the fact that we can change our lives by altering our attitudes.” Our attitudes toward the working men and women of this state must change. Instead of preying upon them, we must uplift them and encourage them. We should promote more wages and a better quality of living, not kick the chair, not kick the foundation out from under the many workers so that the few wealthy people can benefit.

Senator Warren’s statement, in which Senators Hopgood, Gregory and Hood concurred, is as follows:

I am going to say something I don’t come to this microphone and say very often, but I could not agree more with my colleague from the 38th District. The issue of prevailing wage has been around in this country for over 100 years. Kansas passed their prevailing wage law in 1891. The federal government didn’t follow with the Davis-Bacon Act, which is the federal prevailing wage act, until forty years later in 1931.

This is a policy that has stood the test of time and has meant the difference in worker quality in projects coming in on budget and being safe for folks. I completely agree with the Senator from the 38th District that this kind of repeal of a program that has lasted so long in this state and many other states deserves better consideration than we gave it yesterday. Folks were asked to limit their testimony, and lots of folks were in the room who did not get a chance to testify. I do give a lot of credit to the chair of the committee that heard the bills for making sure that both sides of the argument were heard in the Michigan Competitiveness Committee, and I do appreciate that.

There were many more voices that were not heard. There were many follow-up questions that were not able to be asked. The biggest concern that I have is the entire conversation, in my estimation, is built on a false premise. It is built on a false premise that somehow we are going to save hundreds of millions of dollars of taxpayer money by doing away with this policy.

In fact, there is no modern academically-rigorous peer-reviewed study that shows that that is true—not one. The one study that gets quoted often—there are three that are built from that one—but the one that gets studied most often and used by folks who are proponents of this repeal has been so soundly refuted. And, yet, we keep throwing it about, like there is somehow magical hundreds of millions of dollars that will be saved if we repeal prevailing wage.

All of the current studies that are held up as academically-rigorous, that were done in academic institutions, not paid for by either side of this debate with someone with some goal and outcome to be focused on, say that passing repeal of prevailing wage laws show no savings to the taxpayers overall, because they don’t drive up the cost of the contracts. Prevailing wage laws do not drive up the cost of construction contracts.

The states that have made the decision to repeal their prevailing wage laws—and there have been nine—and researches have spent some time in those states to find out what the outcomes were, consistently show some really important things that I think we cannot undervalue as we look at a policy like this. Those nine states show increased worker injury and increased worker death. The quality of workmanship goes down when you repeal prevailing wage laws. They show more costs overruns, more change orders, and more problems in the construction. They show a decrease in worker training and apprenticeship programs. One of the things that is a benefit in prevailing wage states is that we have some of the best-trained trades men and women in the country who work in these states, an apprenticeship program funded solely through the support of those industries, their workers, not asking for taxpayer money; an apprenticeship program that they fund themselves.

So making this decision today, if this is the decision of this body to repeal our prevailing wage law, I can guarantee you, a few years down the road, somebody will be doing a case study on Michigan, and they will write the story that we have higher costs, more worker injuries, more worker deaths, and less quality construction if we make this decision, because that is what every other state has borne out.

So I encourage my colleagues to vote “no” on this bill before us and, in fact, the entire package. Prevailing wage works. It is what gives us quality construction. It is what gives us quality wages for a quality day’s work by the trades people who built this state, literally, and can continue to do so every day.

Senators Proos 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 Proos’ statement is as follows:

I rise in support of Senate Bill Nos. 1, 2, and 3 and provide a real-world example that any one of us can look to by virtue of taking a look at our capital outlay process. In preparation for this particular vote, I asked the folks in my district to give me an example of where the prevailing wage has increased costs over time. In this case, Southwestern Michigan College reconstructing the Doherty and O’Leary Buildings on their campus, an $8 million capital outlay process. Those dollars are used for buildings that were built in the late 1960s and early 1970s and are in the reconstruction process as we speak. It cost approximately 40 percent more of taxpayer dollars in capital outlay in additional costs. That isn’t an academic study; it’s just a real-world example.

SMC is in a unique position also because they have identified that residence halls would be good to have on their campus. They didn’t just go to the state of Michigan to seek those dollars. They went out and raised the money themselves and built the residence halls themselves at a cost of $31 million. They filled three halls on their campus. Why does that matter? It matters because they can look very directly at the amount of money they have saved the taxpayers by virtue of having a competitive bidding process that didn’t have an artificial floor for cost. Frankly, that saved us as taxpayers about $3.1 million.

So this is a real-world example. They are in the process of doing a capital outlay project with a 40 percent upcharge of those state dollars, and at the same time, they have completed the construction of $31 million in residence halls. That makes sense and it makes sense as to why I stand in support of these bills. I look forward to the support of my colleagues.

Senator Meekhof’s statement is as follows:

Today, I rise in support of legislation to repeal Michigan’s prevailing wage law. At the very beginning of this year, I sponsored and introduced Senate Bill No. 1 as part of a three-bill package to repeal prevailing wage. This repeal of prevailing wages has been one of my top legislative priorities since I was first elected to the Legislature and is based on my experience as a township official and State Representative.

Prevailing wage laws artificially raise the cost of construction for projects which are paid for with taxpayer dollars. Labor costs typically account for 25 percent of overall construction costs. Prevailing wage based solely on examining union wages results in an inflation between 40 to 60 percent in labor costs. As a result, the overall construction price of the government-funded or taxpayer-funded project is inflated between 10 and 15 percent.

Supporters of prevailing wage laws often cite superior craftsmanship and safer conditions as a reason for preserving this outdated requirement. I would simply say all construction is subject to the same inspections, same codes, and same safety standards, regardless of whether the job is subject to prevailing wage laws or not. Over 80 percent of construction workers do not belong to a union, and I hazard to say the buildings those men and women construct are as sound as those constructed by their counterparts.

We have made great strides in the state of Michigan over the past few years. Michigan’s unemployment rate has dropped to 5.9 percent—the lowest in 14 years. We have gained more private sector jobs than any other Midwestern state since 2010, and job providers in Michigan have created nearly 400,000 private sector jobs. We need to continue to pass commonsense policies that support our taxpayers and help stimulate our economy. With passage of this legislation, Michigan will join 18 other states that do not have a prevailing wage law. In fact, according to the U.S. Department of Labor, more than 11,000 jobs were added to Michigan’s payroll as a direct result of the suspension of the prevailing wage law from December 1994 to June 1997.

When we talk about the impact of prevailing wage laws, we are really talking about state contracts and projects. More specifically, we are talking about our schools. In 2013, the Anderson Economic Group concluded that repealing prevailing wage would have saved Michigan’s universities, community colleges, and school districts more than $200 million per year. Repealing prevailing wage will result in millions of tax dollars saved. Taxpayers will pay less for their schools. A less expensive price tag for construction means our communities are financing less, will be financing less, saving taxpayers money over the life of the entire asset.

As I said before, my main reason for sponsoring this legislation and championing the repeal of prevailing wage laws in Michigan is that I just don’t think it’s right that taxpayers should pay more than private industry for their construction. Today, we have an opportunity to save those taxpayer dollars, and it is an opportunity worth taking.

The following bill was read a third time:

Senate Bill No. 2, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357.

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. 171 Yeas—22

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Colbeck Hune O’Brien Schuitmaker

Emmons Jones Pavlov Shirkey

Green Knollenberg Proos Stamas

Hansen MacGregor

Nays—15

Ananich Hertel Knezek Warren

Bieda Hood Kowall Young

Casperson Hopgood Nofs Zorn

Gregory Johnson Rocca

Excused—1

Smith

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. 3, entitled

A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558); and to provide an appropriation for purposes incidental thereto.

The question being on the passage of the bill,

Senator Warren offered the following amendments:

1. Amend page 1, line 1, after “1.” by striking out “(1)”.

2. Amend page 1, line 3, by striking out all of subsection (2).

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. 172 Yeas—18

Ananich Hansen Johnson Rocca

Bieda Hertel Knezek Schuitmaker

Casperson Hood Nofs Warren

Green Hopgood O’Brien Young

Gregory Horn

Nays—19

Booher Hune Marleau Schmidt

Brandenburg Jones Meekhof Shirkey

Colbeck Knollenberg Pavlov Stamas

Emmons Kowall Proos Zorn

Hildenbrand MacGregor Robertson

Excused—1

Smith

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. 173 Yeas—22

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Colbeck Hune O’Brien Schuitmaker

Emmons Jones Pavlov Shirkey

Green Knollenberg Proos Stamas

Hansen MacGregor

Nays—15

Ananich Hertel Knezek Warren

Bieda Hood Kowall Young

Casperson Hopgood Nofs Zorn

Gregory Johnson Rocca

Excused—1

Smith

Not Voting—0

In The Chair: President

Senator Hood moved to reconsider the vote by which the bill was passed.

The motion did not prevail, 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 motion did not prevail, a majority of the members serving not voting therefor, as follows:

Roll Call No. 174 Yeas—11

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood Rocca

Nays—26

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor

Excused—1

Smith

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protests

Senators Hertel, Bieda, Johnson, Knezek and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 3.

Senators Hertel, Bieda, Knezek and Ananich moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Hertel’s statement is as follows:

You know, we are all fortunate to be sitting in this room. We sit here in our cushy chairs and our nice desks which someone else built for us. We have our nice suits on—some nicer than others—and pretend that we understand the struggles of working families. I care about those struggles, and I know some of you do as well. That is why I stand in opposition to this legislation.

Our workers are still struggling in Michigan. Sure, the economy has gotten better for those at the top, but not in the middle class. Middle-class wages are down. Middle-class families are still struggling. They are fighting for decent health care. They are struggling to stay afloat. There are high times on Wall Street but hard times on Main Street. We have been systematically dismantling the ability of working families to reach the American Dream.

We should be focusing on how our state should be funding our crumbling infrastructure; instead, you are choosing once again to wage a war on our workers. I can promise everyone in this room this: If we are going to start a roads discussion on the backs of working men and women, don’t come to our side for votes, because it is dead on arrival with us. I know there are only 11 of us over here, but we are going to stand strong for working men and women.

These are the workers who are building our schools. Why wouldn’t we want the best, most-skilled workers on the job? If we are worried about construction costs, why don’t we limit the profits of the CEOs of the corporations who are taking our taxpayer dollars and stuffing them in their pockets? Why are we only worried about the wages of the workers? Why don’t we put some protections in there, limit their profits? Because we are not worried about the profits of the CEOs. We are only worried about the workers’ profits. Instead, we attack men and women doing their jobs for us.

You know, yesterday I was sitting in my office looking out at the Capitol, watching the workers strap themselves into scaffolding to make our Capitol dome look better—the ones who are out there right now fixing up this place for us. And we’re going to attack their wages while they’re rebuilding our Capitol? This Capitol is not yours. It does not belong to us; it belongs to the people. It’s their business we should be doing here. We should be fighting for them, not attacking their wages.

I would challenge any of you supporting this measure to tell these workers; go outside and talk to the guys in the hardhats who are rebuilding this building for us. Go talk to them and ask them what they think about this bill. Tell them you are taking food off their families’ plates.

I ask you to reconsider your support of this legislation. Don’t start the attack on workers today. Let’s work together to actually rebuild Michigan.

Senator Bieda’s statement, in which Senator Johnson concurred, is as follows:

It is extremely disappointing that with all of the problems facing this state, one of the Legislature’s first order of business is to go after our workers by lowering their wages. It is more than that, but I know that a lot of people are framing it in terms of economics for these workers. I know that a lot of people are framing it as an attack on labor, which it is, but there is more to it than that.

Let’s take a look at this act and why it was signed into law. It was signed into law in 1965 by then-Governor George Romney, relation to a gentleman who was on the ballot on the national level a couple of years ago. He was not a liberal; he was a conservative pro-business Republican. If you look at the legislative history of this piece, you would see that a lot of contractors and Michigan businesses came in support of this. Why? Because they wanted stability in the labor market. They understood that if you pay decent wages and pay prevailing wages in certain areas, you will attract talent and keep jobs in the state. The skilled trades we so desperately need would be expanded.

This is more than an attack on labor. It is also an attack on businesses, specifically Michigan businesses. At the time, if you look at the testimony again, it was these out-of-state companies coming in. I don’t think that is anything that we should be promoting.

I know that a lot of folks use arithmetic and say we will get a lower bid on a project because of this. Those bids are just that—bids. You will have other costs that come into a contract. When it takes longer to do a job because you have less-skilled workers, or you have accidents or have to rebuild something because you had less-skilled people, you have cost overruns. So, again, prevailing wage was a business model for going into the future.

Lastly, I am extremely disappointed with this legislative body. I have seen time and time again how major issues are jammed through the legislative process with no hearing and no one given an opportunity to speak on an issue. Then we come in only 24 hours after this bill was reported from committee, and it moves from General Orders to Third Reading all in one happy afternoon. That is just wrong. It is disrespecting people in the state of Michigan and the process, and it is something we should be ashamed of.

Another issue I have is the $75,000 appropriation in the bill. The only reason for that is to keep it off the ballot. I know that I have seen this trick used before. It is not an honest thing to do, and we should look at changing the Constitution so if there is an appropriation, the voters always have an opportunity to speak. There should always be an opportunity to challenge the Legislature. They should always be able to second-guess what we do here.

These are the reasons that this bill and the whole package is bad, and I urge you to reconsider it.

Senator Knezek’s statement is as follows:

Today, I rise in opposition of Senate Bill Nos. 1, 2, and 3 which seek to repeal Michigan’s prevailing wage law. My colleagues across the aisle say time and time again that they are pro-business. They say time and time again that they are pro-job creation. So you can understand my frustration today, Mr. President, because these bills do nothing to support our businesses, and they do nothing to support our workers. Instead, these bills undercut both. By requiring a fair wage for workers on state projects, we are helping Michigan families earn a living wage. We are ensuring their safety, and we are providing adequate training and experience on the job site.

Prevailing wage not only helps Michigan construction workers, but contractors and businesses too so that they have a level playing field. Again, something we hear time and time again from our Republican colleagues. But the facts remain, Mr. President, that repealing the prevailing wage will hurt our economy. It will hurt our businesses, and it will hurt our workers. It will encourage out-of-state companies to come in, underbid, steal business from Michigan contractors, and steal jobs from Michigan workers.

I don’t know how anybody can sleep at night. I don’t know how anybody can lay their head down knowing that they are putting into place a policy which takes jobs away from Michigan families and sends them across our borders.

There is a reason that union and nonunion contractors alike support prevailing wage and the standards which it establishes for all state construction bids. It has worked for decades. The period of growth that my colleagues like to speak to, over the past few years, it has worked during that period of growth as well.

This bill endangers worker safety, it endangers training, it lowers wages, and it cuts Michigan jobs. Why does that sound like something that we would be so eager to enact? As elected officials, we should be looking to help our state’s workers. We should be looking to help them earn an honest living.

Like my colleagues on both sides of the aisle today, I’m going to continue to oppose any efforts to cut their pay or to hurt Michigan businesses. Regardless of the political spin that we have heard here today, repealing prevailing wage is bad for business, it’s bad for workers, and it’s bad for Michigan. So I urge my colleagues to stand up for the people whom you serve, to stand up for Michigan businesses, to stand up for Michigan workers, and to oppose the repeal of prevailing wage.

Senator Ananich’s statement is as follows:

I rise today to say that lowering wages from Michigan’s hardworking men and women is simply wrong. Having the lowest-skilled, lowest-paid workers building our schools and bridges; our schools and bridges are not safe, and it’s simply wrong. Yet that’s exactly what will happen if this legislation becomes law. We should be focused on helping those hardworking, highly-skilled local workers who, by the way, are taxpayers in your district in our state; those who stayed here in Michigan and stuck it out during the toughest economic times.

We should be making sure they get the chance to build out future too. We’re going to be here. We’re going to be in all summer, and I hope that once the Governor vetoes this bill, this body can finally get around to actually working on efforts that will help middle-class workers and the families and local communities who depend on them.

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

The motion prevailed.

Senator Meekhof’s statement is as follows:

As many companies have workers on job sites, they also have to post the information about what is going on on the job site and legal requirements. This appropriation is specifically for informing people what the new law is, what their abilities are, and what their rights are under it. I reject the notion that it is for anything other.

Senator Young’s statement is as follows:

Mr. President, for the sake of a democratic republic; for the sake of being a government of the people, for the people, and by the people, we must pass this amendment. I mean, the people already don’t trust us. This just lets us know not only that we can’t be trusted, but we’re yellow-bellied, we’re jelly-spined, we’re lily-livered, we’re weak-noodled, and we’ve got a limp-wristed handshake to go along with it. Why should they trust anything that we say at all when we don’t even have the courage to face the people who put us in here.

Listen, I respect the good leader, but this stuff about we’re here because this is informational—whatever it was he just said. Look, the fact of the matter is this is about not wanting to face the voters. Just because you say things doesn’t mean they’re true. There are people who say that Ted Stevens cytogenetically froze himself. There are people who said that Mr. Rogers is a Navy SEAL. There are people who believe that Tupac and Biggie are still alive and part of the Illuminati. Just because you say it doesn’t mean it is factual.

So I respect him. I understand he thinks this is the best thing to do, but, I mean, this is ridiculous. This is about cowards. So let’s stand up, take a position, and actually restore faith and confidence in this body. Hell, let’s just do something that is popular again by voting up this amendment.

Senator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor.

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

Recess

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

The motion prevailed, the time being 11:33 a.m.

11:55 a.m.

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

During the recess, Senators Young and Johnson introduced the University of Detroit Jesuit High School and Academy Boys Basketball Team, MHSAA Catholic League Class A and B State Champions, and Coach Pat Donnelly; and presented them with a Special Tribute.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

House Concurrent Resolution No. 3

The motion prevailed.

Senate Resolution No. 51.

A resolution to recognize Iosco County as a premier birding destination in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Gregory, Hansen, Robertson and Schmidt were named co‑sponsors of the resolution.

Senator Kowall offered the following resolution:

Senate Resolution No. 55.

A resolution to commemorate May 14, 2015, as Chaldean American Day.

Whereas, 130,000 Chaldeans, the largest population outside of Iraq, reside in the state of Michigan; and

Whereas, Since migrating to America during the 1920s, Chaldeans have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state; and

Whereas, The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone; and

Whereas, The population of Chaldean Americans continues to grow in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities; and

Whereas, The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through business, philosophy, language, and cuisine; and

Whereas, The Chaldean Community Foundation provides social services to more than 8,000 people annually at its Sterling Heights and Southfield offices, by advancing the needs of the Chaldean American community and the communities in which they live and work through education, charitable giving, and advocacy; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate May 14, 2015, as Chaldean American Day in the state of Michigan. We acknowledge the contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history; and be it further

Resolved, That a copy of this resolution be transmitted to the Chaldean American Chamber of Commerce as evidence of our highest esteem.

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, Emmons, Gregory, Hansen, Hildenbrand, Hood, Horn, Jones, Knollenberg, MacGregor, Marleau, O’Brien, Pavlov, Proos, Stamas and Zorn were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Kowall’s statement is as follows:

Senate Resolution No. 55 does, indeed, bring this date as Chaldean American Day. We have currently 130,000 Chaldeans, the largest population outside of Iraq, residing in the state of Michigan. Since migrating to America during the 1920s, Chaldeans have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state. The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone.

The population of Chaldeans continues to grow here in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities. The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through businesses, philosophy, language, and cuisine, which some of our colleagues are currently enjoying in the Speaker’s Library.

The Chaldean Community Foundation provides social services to more than 8,000 people annually at its Sterling Heights and Southfield offices, by advancing the needs of the Chaldean American through the community and the communities in which they live and work through education, charitable giving, and advocacy.

I would like the chamber to recognize Martin Manna and the Chaldean American community.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos 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. 4017, entitled

A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104.

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:

House Bill No. 4089, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

Substitute (S-1).

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

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

House Bill No. 4091, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

House Bill No. 4093, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

House Bill No. 4097, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

House Bill No. 4103, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196.

Substitute (S-1).

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

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

House Bill No. 4105, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

House Bill No. 4106, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

House Bill No. 4113, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196.

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. 144, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), sections 1109 and 2129 as amended by 2012 PA 178.

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. 4115, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4089

House Bill No. 4091

House Bill No. 4093

House Bill No. 4097

House Bill No. 4103

House Bill No. 4105

House Bill No. 4106

House Bill No. 4113

House Bill No. 4115

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

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

Senate Bill No. 251

Senate Bill No. 270

Senate Bill No. 281

Senate Bill No. 165

Senate Bill No. 166

Senate Bill No. 152

Senate Bill No. 154

Senate Bill No. 304

House Bill No. 4089

House Bill No. 4091

House Bill No. 4093

House Bill No. 4097

House Bill No. 4103

House Bill No. 4105

House Bill No. 4106

House Bill No. 4113

House Bill No. 4115

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 251, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA.

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. 175 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

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. 270, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a.

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. 176 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

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. 281, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326.

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. 177 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

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. 165, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p.

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. 178 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

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. 166, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b.

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. 179 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

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. 152, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

Roll Call No. 180 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Robertson’s statement is as follows:

I want to take a moment to ask for your support of this legislation. Senate Bill No. 152 and its companion Senate Bill No. 154 provide for the regulation of amateur mixed martial arts for the first time in Michigan. I want to thank Chairman Rocca and the Regulatory Reform Committee for their unanimous support for this legislation. I also want to take a moment to thank my chief of staff Erica Farley for the work that she has done over the past four years in bringing this legislation to this particular point.

The legislation makes numerous changes to ensure fighter safety and clearly delineates responsibilities and obligations of promoters. It provides for the department’s adoption of rules recommended by the Association of Boxing Commissioners; provides for contestant licensure and renewals; provides for drug testing, including hepatitis B and C and HIV testing; and requires pregnancy testing for women contestants.

In all respects, I think this is good legislation, and I appreciate my colleagues’ support.

The following bill was read a third time:

Senate Bill No. 154, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.

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. 181 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

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. 304, entitled

A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99.

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. 182 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

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4089, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

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. 183 Yeas—28

Booher Hildenbrand MacGregor Robertson

Brandenburg Horn Marleau Rocca

Casperson Hune Meekhof Schmidt

Colbeck Johnson Nofs Schuitmaker

Emmons Jones O’Brien Shirkey

Green Knollenberg Pavlov Stamas

Hansen Kowall Proos Zorn

Nays—9

Ananich Hertel Hopgood Warren

Bieda Hood Knezek Young

Gregory

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

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

“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4091, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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. 184 Yeas—28

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Young

Hansen MacGregor Robertson Zorn

Nays—9

Ananich Hertel Hopgood Knezek

Bieda Hood Johnson Warren

Gregory

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4093, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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. 185 Yeas—28

Booher Hildenbrand MacGregor Robertson

Brandenburg Hopgood Marleau Rocca

Casperson Horn Meekhof Schmidt

Colbeck Hune Nofs Schuitmaker

Emmons Jones O’Brien Shirkey

Green Knollenberg Pavlov Stamas

Hansen Kowall Proos Zorn

Nays—9

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4097, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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. 186 Yeas—27

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor Robertson

Nays—10

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4103, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196.

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. 187 Yeas—27

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor Robertson

Nays—10

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

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

“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4105, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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. 188 Yeas—27

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor Robertson

Nays—10

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4106, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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. 189 Yeas—27

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor Robertson

Nays—10

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4113, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196.

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. 190 Yeas—27

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor Robertson

Nays—10

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood

Excused—1

Smith

Not Voting—0

In The Chair: Schuitmaker

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

“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

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

The following bill was read a third time:

House Bill No. 4115, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

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. 191 Yeas—27

Booher Hildenbrand Marleau Rocca

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor Robertson

Nays—10

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood

Excused—1

Smith

Not Voting—0

In The Chair: O’Brien

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

“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Resolutions

Senators Casperson and Pavlov offered the following resolution:

Senate Resolution No. 56.

A resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues.

Whereas, Barbecues are an American tradition enjoyed by families from all walks of life across the country. Whether tailgating for a football game, hosting a backyard get-together, or just grilling a summer meal, barbecues are a quintessentially American experience and an opportunity to eat and socialize with family and friends; and

Whereas, Cooking outdoors on a grill during the summer saves electricity. Using a grill prevents the release of heat into the kitchen and other living spaces, while cooking indoors heats up a kitchen, forcing cooling systems, such as the refrigerator and air conditioner, to work harder and use more energy; and

Whereas, The United States Environmental Protection Agency (EPA), our nation’s environmental regulatory agency, has funded a University of California-Riverside student project to develop preventative technology to reduce emissions from residential barbecues. By funding this project, the EPA is apparently intent on finding a solution to a problem that does not exist and demonstrating an unnecessary interest and concern over the impact of backyard barbecues on public health; and

Whereas, Based on the EPA’s past practices, today’s study, no matter how small, is a concern to Michiganders and Americans, as it is inevitably the first step towards tomorrow’s regulation of this American pastime. To fulfill its mission to protect human health and the environment, the EPA’s primary tool has been, and continues to be, regulatory mandates that time and again ignore the financial, economic, and social burdens to the state and the country. The regulation of barbecues would be the latest, egregious example of overreach by the EPA; and

Whereas, Funding such a study is a poor use of taxpayer dollars. In the face of record national debts, annual budget deficits, and other profound problems the country is facing, surely the federal government can better use our resources than on a study of grills and backyard barbecues; now, therefore, be it

Resolved by the Senate, That we oppose the United States Environmental Protection Agency’s efforts to study or commission a study that, if consistent with the agency’s past practices, many fear will serve as the first step towards the regulation of grills and barbecues; and be it further

Resolved, That copies of this resolution be transmitted to Administrator of the United States Environmental Protection Agency and the members of the Michigan congressional delegation.

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

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the resolution,

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

The motion prevailed.

Senators Pavlov and Casperson offered the following concurrent resolution:

Senate Concurrent Resolution No. 14.

A concurrent resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues.

Whereas, Barbecues are an American tradition enjoyed by families from all walks of life across the country. Whether tailgating for a football game, hosting a backyard get-together, or just grilling a summer meal, barbecues are a quintessentially American experience and an opportunity to eat and socialize with family and friends; and

Whereas, Cooking outdoors on a grill during the summer saves electricity. Using a grill prevents the release of heat into the kitchen and other living spaces, while cooking indoors heats up a kitchen forcing cooling systems, such as the refrigerator and air conditioner, to work harder and use more energy; and

Whereas, The United States Environmental Protection Agency (EPA), our nation’s environmental regulatory agency, has funded a University of California-Riverside student project to develop preventative technology to reduce emissions from residential barbecues. By funding this project, the EPA is apparently intent on finding a solution to a problem that does not exist and demonstrating an unnecessary interest and concern over the impact of backyard barbecues on public health; and

Whereas, Based on the EPA’s past practices, today’s study, no matter how small, is a concern to Michiganders and Americans, as it is inevitably the first step towards tomorrow’s regulation of this American pastime. To fulfill its mission to protect human health and the environment, the EPA’s primary tool has been, and continues to be, regulatory mandates that time and again ignore the financial, economic, and social burdens to the state and the country. The regulation of barbecues would be the latest, egregious example of overreach by the EPA; and

Whereas, Funding such a study is a poor use of taxpayer dollars. In the face of record national debts, annual budget deficits, and other profound problems the country is facing, surely the federal government can better use our resources than on a study of grills and backyard barbecues; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we oppose the United States Environmental Protection Agency’s efforts to study or commission a study that, if consistent with the agency’s past practices, many fear will serve as the first step towards the regulation of grills and barbecues; and be it further

Resolved, That copies of this resolution be transmitted to Administrator of the United States Environmental Protection Agency and the members of the Michigan congressional delegation.

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 question being on the adoption of the concurrent resolution,

Senator Kowall moved that the concurrent resolution be referred to the Committee on Natural Resources.

The motion prevailed.

Introduction and Referral of Bills

Senators Jones, Marleau and Hood introduced

Senate Bill No. 331, entitled

A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354), and by adding section 2a.

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

Senators Jones, Bieda, Stamas and Horn introduced

Senate Bill No. 332, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125.

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

Senator Jones introduced

Senate Bill No. 333, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11.

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

Senators Emmons, Jones, Knollenberg, Nofs and Bieda introduced

Senate Bill No. 334, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and 722.632b), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 12b as added by 2012 PA 593.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Emmons, Jones, Booher, Knollenberg, Nofs and Bieda introduced

Senate Bill No. 335, entitled

A bill to amend 1953 PA 181, entitled “An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon,” by amending section 5 (MCL 52.205), as amended by 2010 PA 108.

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

Senators Schuitmaker, Nofs, Jones, Horn, Bieda, MacGregor, Hertel, Hansen, Booher, Proos, Zorn, Marleau and O’Brien introduced

Senate Bill No. 336, entitled

A bill to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforcement officer in certain circumstances; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

Senator MacGregor introduced

Senate Bill No. 337, entitled

A bill to limit the powers of local governmental units regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers.

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

Statements

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

The motion prevailed.

Senator Schuitmaker’s statement is as follows:

Today, I introduced Senate Bill No. 336, which will create the Blue Alert system in Michigan. Like an Amber Alert, the Blue Alert system would send out mass notifications when a law enforcement officer has been killed or seriously injured by a violent criminal. Anyone who is willing to kill a law enforcement officer is a threat to public safety and needs to be apprehended as quickly as possible. Law enforcement officers put their lives on the line every day, and we owe it to them to see that their attackers are caught swiftly and brought to justice.

This week is National Police Week, and tomorrow is Peace Officers Memorial Day. It’s a day where we remember those law enforcement officers who have been killed in the line of duty, and it is a stark reminder of the dangers they face every day. In just the past couple of weeks, a New York Police Department officer was killed in the line of duty, and two officers were shot and killed in Mississippi during a routine traffic stop. One was a former Officer of the Year, and one was a rookie who graduated from the academy less than a year ago.

Law enforcement has been in the spotlight a lot recently, and while specific situations need to be handled on an individual case-by-case basis, the reality is that every day brave men and women go to work to protect us, and tragically, sometimes they don’t come home. To those in this chamber who have served in law enforcement, I want to personally thank you, and I want to thank all the law enforcement officers across this great state and great country who go out and serve us every day.

Senator Bieda’s statement is as follows:

I would like to echo my good colleague from the 26th District. In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day and the week in which the date falls as Police Week. Currently, tens of thousands of law enforcement officers from around the world converge in Washington, D.C., to participate in a number of planned events which honor those who have paid the ultimate sacrifice. Similar observances have been or are being held across the state of Michigan.

No one will contest that police work is a dangerous job. According to most recent FBI statistics, an average of 64 officers—that is, 64 officers and their families—are impacted and were killed in the years of 1980 through 2014. The lowest total during that 35-year period was 2013.

I want to thank our police and public safety officers, including our own Senate sergeants, both past and present, and, in particular, thank and remember those who died in the line of duty.

I request that this chamber recognize a moment of silence in honor of Police Week and the men and women in blue who paid the ultimate sacrifice.

A moment of silence was observed in honor of Police Week and in memory of the law enforcement officers who have lost their lives in the line of duty.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 302, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a.

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

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Colbeck

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 Judiciary submitted the following:

Meeting held on Tuesday, May 12, 2015, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda

Excused: Senator Rocca

The Committee on Michigan Competitiveness reported

Senate Bill No. 1, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205.

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, Stamas, Robertson and Proos

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

The Committee on Michigan Competitiveness reported

Senate Bill No. 2, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357.

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

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

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Stamas, Robertson and Proos

Nays: Senator Warren

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

The Committee on Michigan Competitiveness reported

Senate Bill No. 3, entitled

A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558).

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

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

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Stamas, Robertson and Proos

Nays: Senator Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Michigan Competitiveness submitted the following:

Meeting held on Wednesday, May 13, 2015, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren

The Committee on Outdoor Recreation and Tourism reported

Senate Resolution No. 51.

A resolution to recognize Iosco County as a premier birding destination in the state of Michigan.

(For text of resolution, see Senate Journal No. 44, p. 646.)

With the recommendation that the resolution be adopted.

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Schmidt and Green

Nays: None

The resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Outdoor Recreation and Tourism submitted the following:

Meeting held on Wednesday, May 13, 2015, at 12:30 p.m., Room 110, Farnum Building

Present: Senators Hansen (C), Schmidt and Green

Excused: Senators Zorn and Johnson

The Committee on Regulatory Reform reported

Senate Bill No. 231, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Kowall, Marleau, Hune, Warren, Hertel and Johnson

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 240, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Wednesday, May 13, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson

The Committee on Families, Seniors and Human Services reported

House Bill No. 4041, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Judith K. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Pavlov, Jones and Casperson

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 Families, Seniors and Human Services submitted the following:

Meeting held on Wednesday, May 13, 2015, at 3:00 p.m., Room 210, Farnum Building

Present: Senators Emmons (C), Pavlov, Jones and Casperson

Excused: Senator Johnson

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources submitted the following:

Meeting held on Wednesday, May 13, 2015, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren

Scheduled Meetings

Appropriations -

Subcommittee -

K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Commerce - Wednesday, May 20, 8:30 a.m., Room 210, Farnum Building (373-5312)

Finance - Tuesday, May 19, 2:30 p.m., Room 210, Farnum Building (373-5312)

Judiciary - Tuesday, May 19, 3:00 p.m., Room 110, Farnum Building (373-1721)

Local Government - Tuesday, May 19, 12:30 p.m., Room 100, Farnum Building (373-5323)

Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Transportation - Thursday, May 21, 8:30 a.m., Room 210, Farnum Building (373-5323)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 12:46 p.m.

The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, May 19, 2015, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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