No. 106
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2015
Senate Chamber, Lansing, Thursday, December 3, 2015.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.
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—excused Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Smith—present
Gregory—present MacGregor—present Stamas—excused
Hansen—present Marleau—present Warren—present
Hertel—present Meekhof—present Young—present
Hildenbrand—present Nofs—present Zorn—present
Hood—present O’Brien—present
Reverend Ian Reed Twiss of Trinity Episcopal Church of Belleville offered the following invocation:
Holy God, we call on You by different names. Today we bow our heads in common sorrow for the victims of yesterday’s shooting in San Bernardino and for their families and loved ones who grieve. Even in this sadness, we give thanks for this and every day that we are given to make a difference in our world. We give thanks to the beautiful variety and the rich resources of Your creation; for the farms, businesses, universities, faiths, and cultures that sustain our state; for the diversity of our people and for the trust that they have placed in those gathered here to govern justly.
We humbly ask that the members of the Michigan Senate and all other public servants might by strengthened by Your presence and led in Your wisdom. Theirs is a difficult and sometimes thankless burden. Nourish them in their commitment to good governance. Bestow on them a spirit of cooperation and respect for one another. Make them mindful of those whose lives their decisions affect, especially whose voices may not reach so deeply nor sound so strongly in these halls. For we know that You measure our society’s success not by the achievements of its most powerful, but by the fortunes of its most vulnerable.
All this we pray in Your sacred name. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Hansen and Jones entered the Senate Chamber.
Senator Kowall moved that Senators Hildenbrand, Shirkey, MacGregor, Casperson and Meekhof be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senators Stamas and Colbeck be excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Senate Majority Leader
December 2, 2015
I would like Senate Bill 629 re-referred to the Senate Committee on Judiciary.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Arlan Meekhof
30th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 2:
House Bill Nos. 4645 4887 5028 5029 5030 5034
The Secretary announced that the following bills were printed and filed on Wednesday, December 2, and are available at the Michigan Legislature website:
Senate Bill Nos. 625 626 629 630 631 632 633
House Bill Nos. 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095
5096 5097 5098 5099 5100 5101 5102 5103 5104 5105
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
11:51 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senators Casperson, Johnson, Young, Shirkey, Hildenbrand, Meekhof and MacGregor entered the Senate Chamber.
Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
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. 418
Senate Bill No. 425
Senate Bill No. 426
Senate Bill No. 612
Senate Bill No. 613
Senate Bill No. 614
Senate Bill No. 616
Senate Bill No. 617
Senate Bill No. 618
The motion prevailed, a majority of the members serving voting therefor.
Messages from the House
Senate Bill No. 556, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 16 (MCL 207.856).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Robertson 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 bills:
House Bill No. 4594, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130.
Senate Bill No. 612, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 482, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 483, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18f of chapter XIIA (MCL 712A.13a and 712A.18f), section 13a as amended by 2012 PA 163 and section 18f as amended by 2012 PA 115.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:
“CHAPTER X
Sec. 24. (1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the adoptee his or her family name, or to adopt a child or an adult without a name change, with the intent to make the adoptee his or her heir, that person, together with his wife or her husband, OR HER SPOUSE, if married, shall file a petition with the court of the county in which the petitioner resides, where the adoptee is found or, where the parent’s parental rights were terminated or are pending termination. If both parents’ parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated. If there has been a temporary placement of the child, the petition for adoption shall be filed with the court that received the report described in section 23d(2) of this chapter.
(2) Notwithstanding any other provision in this section, the court may allow either of the following to occur:
(a) A married individual to adopt an adult without his or her spouse joining in the petition if all of the interested parties consent.
(b) A married individual to adopt without his or her spouse joining in the petition if the failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.
(3) In an adoption proceeding in which there is more than 1 applicant, the petition for adoption shall be filed with the court of the county where the parent’s parental rights were terminated or are pending termination. If both parents’ parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated.
(4) The petition for adoption shall be verified by each petitioner and shall contain the following information:
(a) The name, date and place of birth, and place of residence of each petitioner, including the maiden name of the adopting mother.
(b) Except as otherwise provided in subsection (7), the name, date and place of birth, and place of residence if known of the adoptee.
(c) The relationship, if any, of the adoptee to the petitioner.
(d) The full name by which the adoptee shall be known after adoption.
(e) The full description of the property, if any, of the adoptee.
(f) Unless the rights of the parents have been terminated by a court of competent jurisdiction or except as otherwise provided in subsection (7), the names of the parents of the adoptee and the place of residence of each living parent if known.
(g) Except as otherwise provided in subsection (7), the name and place of residence of the guardian of the person or estate of the adoptee, if any has been appointed.
(5) In a direct placement, the petitioner shall attach to the petition a verified statement certifying that the petitioner has been informed of the availability of counseling services and whether the petitioner has received counseling.
(6) Except as otherwise provided in this subsection, in a direct placement, the petitioner shall attach a copy of a preplacement assessment of the petitioner completed or updated within 1 year before the petition is filed with a finding that the petitioner is suitable to be a parent of an adoptee, copies of all other preplacement assessments of the petitioner, if any others have been completed, and a verified statement stating that no preplacement assessments of the petitioner have been completed other than those attached to the petition and explaining any preplacement assessments of the petitioner that have been initiated but not completed. If the petitioner is seeking review of a preplacement assessment under section 23f(8) of this chapter, the petitioner may comply with this subsection by attaching a copy of that preplacement assessment and a copy of the application for review, together with copies of all other preplacement assessments and the verified statement required by this section.
(7) In a direct placement in which the parties have elected not to exchange identifying information, the information required by subsection (4)(f) and (g) and the surname and place of residence of the adoptee required under subsection (4)(b) may be omitted. The attorney or child placing agency assisting in the adoption shall file a verified statement containing the omitted information.
Sec. 36. (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child or joins in a petition for adoption filed by her husband, SPOUSE, and the release or consent of the natural father cannot be obtained, the judge shall hold a hearing as soon as practical to determine whether the child was born out of wedlock, to determine the identity of the father, and to determine or terminate the rights of the father as provided in this section and sections 37 and 39 of this chapter.
(2) Proof of service of a notice of intent to release or consent or the putative father’s verified acknowledgment of notice of intent to release or consent shall be filed with the court, if the notice was given to the putative father. The court shall request the vital records division of the department of public health AND HUMAN SERVICES to send to the court a copy of any notice of intent to claim paternity of the particular child which THAT the division has received.
(3) Notice of the hearing shall be served upon the following:
(a) A putative father who has timely filed a notice of intent to claim paternity as provided in section 33 or 34 of this chapter.
(b) A putative father who was not served a notice of intent to release or consent at least 30 days before the expected date of confinement specified in the notice of intent to release or consent.
(c) Any other male who was not served pursuant ACCORDING to section 34(1) of this chapter with a notice of intent to release or consent and who the court has reason to believe may be the father of the child.
(4) The notice of hearing shall inform the putative father that his failure to appear at the hearing shall constitute CONSTITUTES a denial of his interest in custody of the child, which denial shall result in the court’s termination of his rights to the child.
(5) Proof of service of the notice of hearing required by subsection (3) shall be filed with the court. A verified acknowledgment of service by the party to be served is proof of personal service. Notice of the hearing shall not be required if the putative father is present at the hearing. A waiver of notice of hearing by a person entitled to receive it is sufficient.
(6) The court shall receive evidence as to the identity of the father of the child. Based upon the evidence received, the court shall enter a finding identifying the father or declaring that the identity of the father cannot be determined.
(7) If the court finds that the father of the child is a person who did not receive either a timely notice of intent to release or consent pursuant to section 34(1) of this chapter or a notice required pursuant to UNDER subsection (3), and who has neither waived his right to notice of hearing nor is present at the hearing, the court shall adjourn further proceedings until that person is served with a notice of hearing.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 485, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295.
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. 4790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.
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. 418, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.
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. 425, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352.
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. 426, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370.
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. 613, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c.
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. 614, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c.
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.
Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator O’Brien’s statement is as follows:
Madam President, I rise to honor the life of Sergeant Lisa Zuk, a 14-year veteran of the city of Kalamazoo Department of Public Safety, who passed away this past Monday morning at the age of 37, following a battle with breast cancer that spanned more than two years.
Sergeant Zuk has a long history in Kalamazoo County, having attended Gull Lake High School and then Western Michigan University in the Criminal Justice Tracking program, culminating at the Kalamazoo Valley Community College Police Academy. Lisa interned with the department when she was in college, so, in fact, her commitment to public service lasted well over 16 years.
Sergeant Zuk’s colleagues have expressed the utmost respect for her passion for life, positivity, sense of humor, and selflessness. The way Lisa addressed her cancer and her fighting spirit were described by staff at the Kalamazoo Department of Public Safety as her legacy. When first diagnosed at the age of 35, she discovered she carried the gene mutation BRCA1. She underwent 16 weeks of chemotherapy, a double mastectomy, and had her ovaries and fallopian tubes removed. While recovering, she went back to work. Even in the midst of her second battle with cancer, she never complained or bemoaned her fate and, in fact, kept working at the Department of Public Safety. She was always worried about everyone but herself and had an amazing outlook on life. Everyone in her life has been positively impacted by her actions, and she will be greatly missed by her colleagues and our entire community at-large.
She is survived by her parents, Mr. and Mrs. Mike Moore from Galesburg, who are watching today online. She is also survived by her husband Zac, who is also a police officer with Kalamazoo Township, and her 3-year-old daughter Zoe. Today here, we have from the city of Kalamazoo’s Department of Public Safety both Sergeant Gretchen Mayo and Public Safety Officer Jen Bryant. We also have Kalamazoo Township Police Chief Tim Bourgeois. They are all up in the Gallery.
I would ask you, Madam President, and all my colleagues to rise for a moment of silence to honor the life of Sergeant Lisa Zuk and her many contributions to public safety in Kalamazoo County.
A moment of silence was observed in memory of Sergeant Lisa Zuk, Kalamazoo Department of Public Safety.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:14 p.m.
12:49 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Robertson as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 616, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 1, line 5, after “TAX” by striking out “IMPOSED AT A RATE OF 4%”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 617, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 1, line 2, after “TAX” by striking out “IMPOSED AT A RATE OF 4%”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 618, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 19 and 22 (MCL 211.19 and 211.22), section 19 as amended by 2014 PA 87 and section 22 as amended by 2013 PA 153, and by adding section 9p.
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. 616
Senate Bill No. 617
Senate Bill No. 618
Senate Bill No. 418
Senate Bill No. 425
Senate Bill No. 426
Senate Bill No. 612
Senate Bill No. 613
Senate Bill No. 614
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 616, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee.
The question being on the passage of the bill,
Senator Knezek offered the following amendment:
1. Amend page 5, following line 15, by inserting:
“Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”.
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 542 Yeas—21
Booher Horn Meekhof Schmidt
Brandenburg Knezek Nofs Schuitmaker
Casperson Kowall O’Brien Shirkey
Green MacGregor Proos Smith
Hansen Marleau Robertson Zorn
Hildenbrand
Nays—15
Ananich Hertel Johnson Rocca
Bieda Hood Jones Warren
Emmons Hopgood Knollenberg Young
Gregory Hune Pavlov
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 617, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc.
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. 543 Yeas—21
Booher Horn Meekhof Schmidt
Brandenburg Knezek Nofs Schuitmaker
Casperson Kowall O’Brien Shirkey
Green MacGregor Proos Smith
Hansen Marleau Robertson Zorn
Hildenbrand
Nays—15
Ananich Hertel Johnson Rocca
Bieda Hood Jones Warren
Emmons Hopgood Knollenberg Young
Gregory Hune Pavlov
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 618, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
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. 544 Yeas—21
Booher Horn Meekhof Schmidt
Brandenburg Knezek Nofs Schuitmaker
Casperson Kowall O’Brien Shirkey
Green MacGregor Proos Smith
Hansen Marleau Robertson Zorn
Hildenbrand
Nays—15
Ananich Hertel Johnson Rocca
Bieda Hood Jones Warren
Emmons Hopgood Knollenberg Young
Gregory Hune Pavlov
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Protests
Senators Warren, Young, Bieda, Hood, Hopgood, Gregory and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 616, 617, and 618.
Senator Warren moved that the statement she made during the discussion of Senate Bill No. 616 be printed as her reasons for voting “no.”
The motion prevailed.
Senator Warren’s statement, in which Senators Young, Bieda, Hood, Hopgood, Gregory and Ananich concurred, is as follows:
I appreciate the comments of the good Senator from the 26th District and the passion that she brings to this issue. I can guarantee you that there is nobody on my side of the aisle, including me, who, when you have a company from outside of the state that says they want to make a multi-billion-dollar investment in your state, isn’t working hard to get to “yes.” We want to find a way to attract this kind of industry to encourage additional investment in this state.
In all honesty, we take very seriously that we have to be good stewards of the taxpayers of this state and their resources. What this company is asking for, to locate here, is a complete exemption from the sales tax, use tax, and personal property tax. The good Senator was right in saying that it doesn’t bind us to any future payments to these companies, but it will shortchange our School Aid Fund and General Fund and funds to our local communities that they would otherwise be getting. That is a concern.
We also have a data center industry in this state that has existed and has been growing and thriving. Data centers are not new in this state. We have them in Lansing, Grand Rapids, Kalamazoo, Battle Creek, Flint, Ann Arbor, Southfield, Detroit, and Alpena. We have a number of these companies hiring people, who have employees on the ground, who have made investments, and found Michigan to be a fertile place to find talent and grow their businesses without asking for any tax breaks. I think it is worth asking ourselves why we need to give away the store to get one more company to locate here.
These companies have testified that they weren’t looking for anything special from Michigan, but rather to level the playing field to what other states had given them. But if you look across at what other states have given them in giving them the support they are asking for from us today, those states required things from them. They required minimum thresholds of jobs created—direct jobs—salary minimums to be paid, and the time period in which to pay. So, not just to say that we are going to grow jobs, but we are going to grow this many jobs by this date at this salary. If we are leveling the playing field with other states, why aren’t we asking them to do the same here in our state?
We have gone through this process many times where we have considered tax policy that makes carve-outs and special exemptions to a particular company or a particular industry, which has made it very challenging for our budget. We have found too often in the past that the promises in the press releases don’t end up being honored when they are on the ground here.
We want to get to “yes,” but we need assurances that the taxpayers’ monies are going to be protected, that these jobs are going to be protected, and that those who have been investing in our state aren’t going to be harmed by a competitor from out of the state that doesn’t have to play by the same rules. Frankly, the idea that we would want to attract an industry that needs well-trained employees to make their business run and at the same time steal funds from the School Aid Fund that would be helping to train those future employees with skills needed to be successful in that industry seems counterintuitive to me.
I personally can’t be at “yes” here today because I can’t assure my colleagues that we have done due diligence. I can’t assure my constituents that we are being good stewards of the taxpayers’ money, and I can’t assure that this company will even come, spend a dollar, or hire one employee. We have none of these assurances, yet we are making wholesale changes to policy in order to attempt to lure them here.
I look forward to continuing to work with my colleagues on both sides of the aisle as we move forward on this issue. It is an important debate, but I will be voting “no” today, and I am asking my colleagues to do the same.
The following bill was read a third time:
Senate Bill No. 418, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.
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. 545 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Smith
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—0
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 425, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352.
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. 546 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Smith
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—0
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 426, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370.
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. 547 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Smith
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—0
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 612, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35.
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. 548 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Smith
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—0
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 613, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c.
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. 549 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Smith
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—0
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 614, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c.
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. 550 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Smith
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—0
Excused—2
Colbeck Stamas
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
House Concurrent Resolution No. 3
Senate Resolution No. 76
Senate Resolution No. 75
The motion prevailed.
Senators Bieda and Warren offered the following resolution:
Senate Resolution No. 120.
A resolution to memorialize the Congress of the United States to enact legislation that prohibits the sale of cleaning products and personal care products containing plastic microbeads.
Whereas, Plastic microbeads are increasingly found in cleaning and personal care products, such as facial scrubs, soaps, and toothpaste. After use, these microbeads are flushed down drains and eventually flow to lakes and streams where they degrade slowly, if at all, and accumulate; and
Whereas, Plastic microbeads have been found in significant concentrations in the Great Lakes. One study identified an average of nearly 17,000 plastic microbeads per square mile floating in the Great Lakes. In areas downstream of major cities, microbeads were as high as 180,000 particles per square mile. Based on size, shape, texture, composition, and color, the vast majority of these microbeads originated from cleaning and personal care products; and
Whereas, Plastic microbeads raise serious concerns related to their impact on the environment and people. Microbeads are easily ingested by fish and other aquatic animals, potentially harming their growth and health. Microbeads may also attract and concentrate toxic substances, such as PCBs and PBDEs, found in the water. When the microbeads are ingested, the toxic substances may accumulate up the food chain, increasing the risk that people may eat contaminated fish; and
Whereas, The benefits of plastic microbeads in consumer products are not commensurate with the impacts. Cleansers, soaps, and toothpaste may be improved by microbeads but are still effective without them. Furthermore, there are biodegradable, natural alternatives to plastic microbeads that are economically feasible, as evidenced by their current use in certain personal care products; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation that prohibits the sale of cleaning products and personal care products containing plastic microbeads; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, 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 Booher, Jones, Kowall, Proos and Schmidt were named co‑sponsors of the resolution.
Senator Casperson offered the following resolution:
Senate Resolution No. 121.
A resolution to memorialize the Congress of the United States to address freeze emergencies and their consequences by enacting legislation to define freeze emergencies as major disasters eligible for federal disaster relief and emergency assistance.
Whereas, During the 2013-14 winter season, much of the northern United States experienced extended extreme cold weather events. From frigid temperatures to heavy snowfall to arctic wind chills and the thaws that followed, severe winter weather was constant; and
Whereas, Michigan’s Upper Peninsula experienced some of the worst weather that winter. Temperatures were routinely below the average daily recordings from 1981 to 2010, with subzero weather a regular occurrence. Because of the freezing temperatures, elevated numbers of water customers from communities throughout the Upper Peninsula needed to have their pipes thawed, including almost 25 percent of customers in the city of Negaunee. Roads, underground water mains, sewers, and hydrants were also damaged from the extreme cold weather. Damages amounted to over $6.5 million in Marquette, Michigan, and more than $19 million in the Upper Peninsula and three northern counties in the Lower Peninsula; and
Whereas, Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, federal aid may be available to state and local governments facing a major disaster, which includes any natural catastrophe. Specifically listed are hurricanes, earthquakes, floods, fires, and snowstorms, among other events. Not expressly on the list are extreme cold weather events like freezes, prolonged freezes, and related thaws. It is long overdue that these events, which can be devastating, are added to the act’s definition of major disasters. Severe freeze emergencies, like that experienced recently across the Upper Peninsula, deserve the attention of federal aid and relief efforts the same as any other disaster; and
Whereas, Congress is currently considering legislation on disaster assistance reform. This effort presents an opportunity for freeze emergencies to be addressed and for freezes, prolonged freezes, and related thaws to be added to the definition of major disaster; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to address freeze emergencies and their consequences by enacting legislation to define freeze emergencies as major disasters eligible for federal disaster relief and emergency assistance; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, 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 Local Government.
The motion prevailed.
Senators Bieda, Booher, Hansen, Kowall, Proos and Schmidt were named co‑sponsors of the resolution.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Gregory and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Gregory’s statement is as follows:
I solemnly rise to request a moment of silence for our former colleague in the House of Representatives, the Honorable Rosetta Sexton Ferguson, who passed on November 18, 2015, in Royal Oak, Michigan. Representative Ferguson served in the Legislature from 1965 to 1978 and was a champion for civil rights, family values, and quality education for children in the Detroit Public Schools.
We send our sincere condolences to her son, Huey Ferguson, who is a personal friend, their family, friends, and loved ones on their loss. May Representative Ferguson rest in peace.
A moment of silence was observed in memory of former State Representative Rosetta Sexton Ferguson.
Senator Schuitmaker’s statement is as follows:
I regret that I didn’t get up earlier this week when I received this wonderful challenge coin. I would like to thank my colleague on the other side of the aisle, along with all of our colleagues, to thank you for your service to our country, and thank you very much for the challenge coin, Senator Knezek.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senators Jones and Horn introduced
Senate Bill No. 634, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Casperson introduced
Senate Bill No. 635, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43504, 43523a, 43523b, 43527a, 43528b, and 43532 (MCL 324.43504, 324.43523a, 324.43523b, 324.43527a, 324.43528b, and 324.43532), section 43504 as amended by 2004 PA 587 and sections 43523a, 43523b, and 43527a as added and sections 43528b and 43532 as amended by 2013 PA 108, and by adding section 43527c.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senator Hune introduced
Senate Bill No. 636, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Hune introduced
Senate Bill No. 637, entitled
A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Senator Robertson introduced
Senate Bill No. 638, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 24, 33, 35, 47, 51, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.224, 169.233, 169.235, 169.247, 169.251, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, sections 5 and 24 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33, 47, and 55 as amended by 2013 PA 252, section 51 as amended by 1989 PA 95, and section 54 as amended by 1995 PA 264, and by adding section 24b.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 639, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509t, 509v, 730, 731, and 733 (MCL 168.509t, 168.509v, 168.730, 168.731, and 168.733), section 509t as amended by 2004 PA 92, section 509v as added by 1994 PA 441, sections 730 and 731 as amended by 1995 PA 261, and section 733 as amended by 1996 PA 583, and by adding sections 30h, 761b, 761c, and 764d.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Robertson introduced
Senate Bill No. 640, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 957 (MCL 168.957).
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Shirkey introduced
Senate Bill No. 641, entitled
A bill to amend 1905 PA 282, entitled “An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act,” by amending sections 4 and 5 (MCL 207.4 and 207.5), as amended by 2002 PA 610.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
House Bill No. 4645, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 4887, entitled
A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5028, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5029, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1986 and 1987.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5030, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1989.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5034, entitled
A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Committee Reports
The Committee on Commerce reported
Senate Bill No. 418, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 425, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 426, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 472, entitled
A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 473, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 476, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 612, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 613, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
Senate Bill No. 614, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c.
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.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel
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 Commerce submitted the following:
Meeting held on Wednesday, December 2, 2015, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel
The Committee on Finance reported
Senate Bill No. 579, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 619, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 620, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 621, entitled
A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 622, entitled
A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 623, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 624, entitled
A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 4685, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Tuesday, December 1, 2015, at 2:30 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
The Committee on Natural Resources reported
Senate Bill No. 507, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Robertson and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Natural Resources reported
Senate Bill No. 591, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov and Robertson
Nays: Senator Warren
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, December 2, 2015, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Robertson and Warren
Excused: Senator Stamas
The Committee on Regulatory Reform reported
Senate Bill No. 554, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206.
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.
The Committee on Regulatory Reform reported
Senate Bill No. 555, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210).
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.
The Committee on Regulatory Reform reported
House Bill No. 4581, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213.
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, December 2, 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 Michigan Competitiveness reported
Senate Bill No. 616, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee.
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, 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. 617, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc.
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, 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. 618, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 19 and 22 (MCL 211.19 and 211.22), section 19 as amended by 2014 PA 87 and section 22 as amended by 2013 PA 153, and by adding section 9p.
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, 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 Thursday, December 3, 2015, at 9:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Shirkey (C), Robertson, Proos and Warren
Excused: Senator Stamas
COMMITTEE ATTENDANCE REPORT
The Committee on Michigan Competitiveness submitted the following:
Meeting held on Wednesday, December 2, 2015, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Shirkey (C), Robertson, Proos and Warren
Excused: Senator Stamas
COMMITTEE ATTENDANCE REPORT
The Committee on Insurance submitted the following:
Meeting held on Wednesday, December 2, 2015, at 2:00 p.m., Room 100, Farnum Building
Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young
COMMITTEE ATTENDANCE REPORT
The Subcommittee on K-12, School Aid, Education submitted the following:
Joint meeting held on Thursday, December 3, 2015, at 8:00 a.m., Room 327, South Tower, House Office Building
Present: Senators Hansen (C), Pavlov and Hopgood
Scheduled Meetings
Health Policy - Tuesday, December 8, 12:30 p.m., Room 210, Farnum Building (373-1721)
Insurance - Wednesday, December 9, 2:00 p.m., Room 100, Farnum Building (373-5312)
Judiciary - Tuesday, December 8, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 1:36 p.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, December 8, 2015, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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