No. 110

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2015

Senate Chamber, Lansing, Tuesday, December 15, 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—present

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—present

Hildenbrand—present Nofs—present Zorn—present

Hood—present O’Brien—present

Senator Kenneth B. Horn of the 32nd District offered the following invocation:

Today’s Christmas invocation was offered to the United States Senate by Chaplain Peter Marshall 68 years ago in December 1947:

“We thank Thee, O God, for the return of the wondrous spell of this Christmas season that brings its own sweet joy into our jaded and troubled hearts.

Forbid it, Lord, that we should celebrate without understanding what we celebrate, or, like our counterparts so long ago, fail to see the star or to hear the song of glorious promise.

As our hearts yield to the spirit of Christmas, may we discover that it is Thy Holy Spirit who comes—not as a sentiment, but a power—to remind us of the only way by which there may be peace on the earth and good will among men.

May we not spend Christmas, but keep it, that we may be kept in its hope, through Him who emptied Himself in coming to us that we might be filled with peace and joy in returning to God. Amen.”

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

Motions and Communications

Senator Kowall moved that Senators Brandenburg, Emmons and Knollenberg be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

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

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

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

December 10, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-050-ED (Secretary of State Filing #15-12-01) on this date at 2:57 p.m. for the Department of Education, entitled “Boarding School Licenses.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 10, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-061-ED (Secretary of State Filing #15-12-02) on this date at 2:57 p.m. for the Department of Education, entitled “Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 10:

House Bill Nos. 4292 4686

The Secretary announced that the following bills were printed and filed on Thursday, December 10, and are available at the Michigan Legislature website:

House Bill Nos. 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141

The Secretary announced that the following bills and joint resolution were printed and filed on Friday, December 11, and are available at the Michigan Legislature website:

Senate Bill Nos. 654 655 656 657 658 659 660 661 662 663 664 665 666 667

668

House Bill Nos. 5142 5143 5144 5145 5146 5147 5148 5149

House Joint Resolution FF

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

House Bill No. 4462, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 43 of chapter 2 (MCL 141.643), as amended by 1996 PA 478.

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. 4462

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

Senators Emmons and Knollenberg entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received and read:

November 30, 2015

I respectfully submit to the Senate the following appointment to office:

Michigan Commission of Agriculture and Rural Development

Trever Meachum of 60930 52nd Avenue, Hartford, Michigan 49057, county of Van Buren, representing Republicans, succeeding himself, is reappointed for a term expiring December 31, 2019.

November 30, 2015

I respectfully submit to the Senate the following appointment to office:

Human Trafficking Health Advisory Board

Brigette Robarge of 46032 Chatsworth Drive, Belleville, Michigan 48111, county of Wayne, representing human trafficking survivors, succeeding herself, is reappointed for a term expiring December 31, 2019.

November 30, 2015

I respectfully submit to the Senate the following appointments to office:

Michigan Natural Resources Commission

Vicki Jane Pontz of 879 Lyons Road, Portland, Michigan 48875, county of Ionia, representing Independents, succeeding herself, is reappointed for a term expiring December 31, 2019.

Rex E. Schlaybaugh of 492 East Main Street, Harbor Springs, Michigan 49740, county of Emmet, representing Republicans, succeeding himself, is reappointed for a term expiring December 31, 2019.

December 7, 2015

I respectfully submit to the Senate the following appointment to office:

Grape and Wine Industry Council

Steve Massie of 3920 Foxglove Court, Grand Rapids, Michigan 49525, county of Kent, representing persons who operate a retail food establishment that hold a specially designated merchant license and sells Michigan wines, succeeding Mark Esterman, is appointed for a term expiring February 1, 2016.

December 7, 2015

I respectfully submit to the Senate the following appointment to office:

Oakland University Board of Control

Robert I. Schostak of 4376 Oak Grove Drive, Bloomfield Hills, Michigan 48302, county of Oakland, succeeding Scott G. Kunselman, is appointed for a term expiring August 11, 2020.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

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.

Senator Brandenburg entered the Senate Chamber.

Senate Resolution No. 124.

A resolution to commemorate the 20th Anniversary of the federal recognition of the tribal government of the Nottawaseppi Huron Band of the Potawatomi.

(This resolution was offered on December 10, rules suspended and consideration postponed. See Senate Journal No. 109, p. 1983).

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Bieda, Hansen, Shirkey and Warren were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Nofs’ statement is as follows:

Please join me in welcoming Homer Mandoka, the Tribal Council chairman of the Nottawaseppi Huron Band of the Potawatomi. This year marks the 20th anniversary of their federal recognition, when the tribe was reaffirmed as a sovereign nation. I would like to especially acknowledge the leadership of Chairman Mandoka, Vice Chair Jamie Stuck, Christine Lanning, Dorie Rios, Tony Day, and tribal leaders past and present who are up in the east Gallery. I am confident that the tribe will maintain their longstanding reputation of strong leadership for years to come.

The Potawatomi derive their name from Bodéwadmi, which references their role as “keepers of the council fire,” and is a direct link to their enduring roots in Michigan’s history. The Nottawaseppi Huron Band of the Potawatomi provide leadership for tribal members and have served as a model to other Native Americans in areas of self-government, self-reliance, and self-empowerment.

I would like to acknowledge the tribe’s commitment to their community, both in Calhoun County and statewide. Mr. Chairman, I remember when I was the chairman of the County Board of Commissioners some 20 years ago, so we do go way back. It’s nice to see you again; glad to be here today with you.

Colleagues, please join me in giving a round of applause to the Nottawaseppi Huron Band of the Potawatomi as they celebrate their 20th anniversary.

By unanimous consent the Senate returned to the order of

Messages from the House

Senator Ananich entered the Senate Chamber.

Senate Bill No. 177, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 586 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 178, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 587 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 500, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 538, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 588 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 552, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 589 Yeas—20

Booher Hildenbrand MacGregor Robertson

Casperson Horn Marleau Schmidt

Green Knezek Meekhof Shirkey

Gregory Knollenberg Nofs Stamas

Hertel Kowall O’Brien Zorn

Nays—18

Ananich Hansen Jones Schuitmaker

Bieda Hood Pavlov Smith

Brandenburg Hopgood Proos Warren

Colbeck Hune Rocca Young

Emmons Johnson

Excused—0

Not Voting—0

In The Chair: President

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

Third Reading of Bills

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

House Bill No. 5028

House Bill No. 5029

House Bill No. 5030

House Bill No. 4685

House Bill No. 4581

The motion prevailed.

The following bill was read a third time:

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 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. 590 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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. 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 question being on the passage of the bill,

Senator Jones offered the following amendment:

1. Amend page 1, line 1, after “(1)” by striking out “IF” and inserting “BEGINNING MARCH 1, 2016, IF”.

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. 591 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

The Senate agreed to the full title.

The following bill was read a third time:

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 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. 592 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

The Senate agreed to the full title.

The following bill was read a third time:

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.

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. 593 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

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.

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. 594 Yeas—36

Ananich Hildenbrand Kowall Rocca

Bieda Hood MacGregor Schmidt

Booher Hopgood Marleau Schuitmaker

Brandenburg Horn Meekhof Shirkey

Casperson Hune Nofs Smith

Green Johnson O’Brien Stamas

Gregory Jones Pavlov Warren

Hansen Knezek Proos Young

Hertel Knollenberg Robertson Zorn

Nays—2

Colbeck Emmons

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

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 Knezek as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4744, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373.

Senate Bill No. 582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f.

Senate Bill No. 583, entitled

A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a.

House Bill No. 4095, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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. 6, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

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. 216, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201 and sections 6, 98, 107, 230, and 256 as amended by 2014 PA 196.

Substitute (S-4).

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. 51, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a.

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. 4658, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6096.

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. 4742, entitled

A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts.

Substitute (S-2).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 53, line 13, by striking out all of sections 904 and 905 and renumbering the remaining sections.

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. 551, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 12, line 6, after “MEMBER” by inserting “AT THE TIME OF THE DECEDENT’S DEATH”.

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 amendment, the following bill:

Senate Bill No. 629, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 9, line 1, after “section.” by inserting “CONCERNED PERSON INCLUDES A PARENT PETITIONING FOR TERMINATION OF THE OTHER PARENT’S PARENTAL RIGHTS UNDER SUBSECTION (3)(O).”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 490, entitled

A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 3, 4, and 5 (MCL 445.1711, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206.

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. 4930, 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.

Substitute (S-3).

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. 523, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117.

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. 588, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108.

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.

Recess

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

The motion prevailed, the time being 11:02 a.m.

11:16 a.m.

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

Introduction and Referral of Bills

Senators Horn, Jones, Booher and Green introduced

Senate Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article IX, to increase the sales tax rate, to dedicate that revenue to transportation purposes, and to nullify the increase in motor fuel taxes or registration fees enacted in 2015.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.

Senator Green introduced

Senate Bill No. 669, entitled

A bill to control noise; and to prescribe civil sanctions.

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

Senators Warren, Schuitmaker, Proos, Booher, Marleau, Knezek, Gregory and Hertel introduced

Senate Bill No. 670, entitled

A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials.

The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security.

Senators Hansen, Proos, MacGregor, Marleau, Horn and Booher introduced

Senate Bill No. 671, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213.

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

Senator Hansen introduced

Senate Bill No. 672, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61.

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

Senators Horn, Bieda, Jones, Proos, Marleau, Brandenburg and Schmidt introduced

Senate Bill No. 673, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137.

The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.

Senators Hopgood, Marleau, Bieda, Nofs, Knezek and Johnson introduced

Senate Bill No. 674, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20173a and 20173b (MCL 333.20173a and 333.20173b), as amended by 2014 PA 66.

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

Senators Hopgood, Marleau, Bieda, Nofs, Knezek and Johnson introduced

Senate Bill No. 675, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as amended by 2014 PA 72.

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

Senators Hopgood, Marleau, Bieda, Nofs, Knezek and Johnson introduced

Senate Bill No. 676, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 4 and 34b (MCL 400.704 and 400.734b), section 4 as amended by 2013 PA 156 and section 34b as amended by 2014 PA 73.

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

Senators Hertel, Young and Ananich introduced

Senate Bill No. 677, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3201 (MCL 600.3201), as amended by 1981 PA 172, and by adding section 3117.

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

House Bill No. 4292, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).

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 Local Government.

House Bill No. 4686, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

Recess

Senator Kowall moved that the Senate recess until 2:00 p.m.

The motion prevailed, the time being 11:20 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.

Recess

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

The motion prevailed, the time being 2:01 p.m.

3:51 p.m.

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

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 Knezek 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:

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.

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. 4314, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 1, line 2, after “HIGHWAY” by striking out the balance of the line through “POND” on line 3.

2. Amend page 1, line 9, after “HIGHWAY” by striking out “OR A FROZEN PUBLIC LAKE, STREAM, OR POND”.

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:

House Bill No. 4713, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9.

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. 4462, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 43 of chapter 2 (MCL 141.643), as amended by 1996 PA 478.

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.

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:

House Bill No. 4742

House Bill No. 4744

House Bill No. 4095

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

The following bill was read a third time:

House Bill No. 4742, entitled

A bill to make uniform the laws relating to support enforcement; 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. 595 Yeas—34

Ananich Hildenbrand Kowall Rocca

Bieda Hood MacGregor Schmidt

Booher Hopgood Marleau Shirkey

Brandenburg Horn Meekhof Smith

Casperson Hune Nofs Stamas

Emmons Johnson Pavlov Warren

Gregory Jones Proos Young

Hansen Knezek Robertson Zorn

Hertel Knollenberg

Nays—4

Colbeck Green O’Brien Schuitmaker

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4744, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373.

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. 596 Yeas—35

Ananich Hildenbrand Kowall Schmidt

Bieda Hood MacGregor Schuitmaker

Booher Hopgood Marleau Shirkey

Brandenburg Horn Meekhof Smith

Casperson Hune Nofs Stamas

Emmons Johnson Pavlov Warren

Gregory Jones Proos Young

Hansen Knezek Robertson Zorn

Hertel Knollenberg Rocca

Nays—3

Colbeck Green O’Brien

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

The motion prevailed, 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. 597 Yeas—34

Ananich Hildenbrand Kowall Rocca

Bieda Hood MacGregor Schmidt

Booher Hopgood Marleau Shirkey

Brandenburg Horn Meekhof Smith

Casperson Hune Nofs Stamas

Emmons Johnson Pavlov Warren

Gregory Jones Proos Young

Hansen Knezek Robertson Zorn

Hertel Knollenberg

Nays—4

Colbeck Green O’Brien Schuitmaker

Excused—0

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 provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; 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. 4095, entitled

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. 598 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

Recess

Senator Kowall moved that the Senate recess until 7:00 p.m.

The motion prevailed, the time being 4:09 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

House Bill No. 4563

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

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 Knezek as Chairperson.

House Bill No. 4596, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237.

House Bill No. 4597, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252.

House Bill No. 4680, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261.

House Bill No. 4563, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77.

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:

House Bill No. 4604, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56.

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. 4983, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81.

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.

Recess

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

The motion prevailed, the time being 7:08 p.m.

7:23 p.m.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 6

House Bill No. 4314

Senate Bill No. 216

Senate Bill No. 591

Senate Bill No. 51

House Bill No. 4658

Senate Bill No. 551

Senate Bill No. 629

House Bill No. 4713

Senate Bill No. 490

Senate Bill No. 582

Senate Bill No. 583

House Bill No. 4930

Senate Bill No. 523

Senate Bill No. 588

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

The following bill was read a third time:

Senate Bill No. 6, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

The question being on the passage of the bill,

Senator Knezek offered the following amendment:

1. Amend page 6, following line 25, 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 not adopted, a majority of the members serving not voting therefor.

Senator Hood requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 599 Yeas—18

Ananich Hertel Jones Rocca

Bieda Hood Knezek Smith

Casperson Hopgood Nofs Warren

Emmons Horn O’Brien Young

Gregory Johnson

Nays—20

Booher Hildenbrand Marleau Schmidt

Brandenburg Hune Meekhof Schuitmaker

Colbeck Knollenberg Pavlov Shirkey

Green Kowall Proos Stamas

Hansen MacGregor Robertson Zorn

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Warren offered the following amendments:

1. Amend page 3, line 24, after “REDUCED” by striking out “IN EXCESS OF 5%”.

2. Amend page 3, line 26, after “THAT” by striking out “EXCESS” and inserting “REDUCTION”.

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. 600 Yeas—15

Ananich Hansen Horn Smith

Bieda Hertel Johnson Warren

Casperson Hood Knezek Young

Gregory Hopgood Nofs

Nays—23

Booher Hune Meekhof Schmidt

Brandenburg Jones O’Brien Schuitmaker

Colbeck Knollenberg Pavlov Shirkey

Emmons Kowall Proos Stamas

Green MacGregor Robertson Zorn

Hildenbrand Marleau Rocca

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

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

Roll Call No. 601 Yeas—36

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Smith

Emmons Hune Nofs Stamas

Green Johnson O’Brien Young

Gregory Jones Pavlov Zorn

Nays—2

Shirkey Warren

Excused—0

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. 4314, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463.

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. 602 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 216, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, sections 6 and 107 as amended by 2015 PA 139, and sections 98, 230, and 256 as amended by 2015 PA 85.

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. 603 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 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.

The question being on the passage of the bill,

Senator Warren offered the following amendment:

1. Amend page 8, following line 25, by inserting:

“(F) A DESCRIPTION OF THE GEOCHEMISTRY OF THE WASTE ROCK, OVERBURDEN, PERIPHERAL ROCK, AND TAILINGS, INCLUDING CHARACTERIZATION OF LEACHABILITY AND REACTIVITY.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Warren offered the following amendments:

1. Amend page 8, line 26, by striking out all of subsection (4) and renumbering the remaining subsections.

2. Amend page 9, line 6, after “SUBSECTION” by striking out “(6)” and inserting “(5)”.

3. Amend page 9, line 8, after “SUBSECTION” by striking out “(5)” and inserting “(4)”.

4. Amend page 9, line 12, after “SUBSECTION” by striking out “(5)” and inserting “(4)”.

5. Amend page 9, following line 13, by inserting:

“(6) WITHIN 42 DAYS AFTER AN APPLICATION FOR A MINING PERMIT IS DETERMINED TO BE ADMINISTRATIVELY COMPLETE, THE DEPARTMENT SHALL HOLD A PUBLIC MEETING ON THE APPLICATION. THE DEPARTMENT SHALL GIVE NOTICE OF THE PUBLIC MEETING NOT LESS THAN 14 OR MORE THAN 28 DAYS BEFORE THE DATE OF THE PUBLIC MEETING. THE NOTICE SHALL SPECIFY THE TIME AND PLACE OF THE PUBLIC MEETING, WHICH SHALL BE HELD IN THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED, AND SHALL INCLUDE INFORMATION ON HOW TO REVIEW A COPY OF THE APPLICATION. THE NOTICE SHALL BE GIVEN IN WRITING TO THE CITY, VILLAGE, OR TOWNSHIP AND THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED AND TO ALL AFFECTED FEDERALLY RECOGNIZED INDIAN TRIBES IN THIS STATE. THE NOTICE SHALL ALSO BE GIVEN BY PUBLICATION IN A NEWSPAPER OF LOCAL DISTRIBUTION IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED.

(7) THE DEPARTMENT SHALL ACCEPT WRITTEN PUBLIC COMMENT ON THE PERMIT APPLICATION FOR 28 DAYS FOLLOWING THE PUBLIC MEETING UNDER SUBSECTION (6). WITHIN 28 DAYS AFTER THE EXPIRATION OF THE PUBLIC COMMENT PERIOD, THE DEPARTMENT SHALL REACH A PROPOSED DECISION TO GRANT OR DENY A MINING PERMIT AND SHALL ESTABLISH A TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED DECISION. THE DEPARTMENT SHALL GIVE NOTICE OF THE PUBLIC HEARING NOT LESS THAN 14 OR MORE THAN 28 DAYS BEFORE THE DATE OF THE PUBLIC HEARING. THE NOTICE SHALL BE GIVEN IN WRITING TO THE CITY, VILLAGE, OR TOWNSHIP AND THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED AND TO ALL AFFECTED FEDERALLY RECOGNIZED INDIAN TRIBES IN THIS STATE. THE NOTICE SHALL ALSO BE GIVEN BY PUBLICATION IN A NEWSPAPER OF LOCAL DISTRIBUTION IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED. THE NOTICE SHALL CONTAIN ALL OF THE FOLLOWING:

(A) A SUMMARY OF THE PERMIT APPLICATION.

(B) INFORMATION ON HOW TO REVIEW A COMPLETE COPY OF THE APPLICATION. THE APPLICATION SHALL BE MADE AVAILABLE AT A PUBLIC LOCATION IN THE AREA.

(C) A LISTING OF OTHER PERMITS AND HEARINGS THAT ARE PENDING OR ANTICIPATED UNDER THIS ACT WITH RESPECT TO THE PROPOSED MINING OPERATION.

(D) THE TIME AND PLACE OF THE PUBLIC HEARING, WHICH SHALL BE HELD IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED.” and renumbering the remaining subsections.

6. Amend page 9, line 14, after “SUBSECTION” by striking out “(8)” and inserting “(9)”.

7. Amend page 9, line 15, after “AFTER” by striking out the balance of the line through “(6)” on line 17 and inserting “THE PUBLIC HEARING UNDER SUBSECTION (7)”.

8. Amend page 9, line 23, after “SUBSECTION” by striking out “(7)” and inserting “(8)”.

9. Amend page 11, line 8, after “TO” by striking out “(8)” and inserting “(9)”.

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. 604 Yeas—15

Ananich Hertel Johnson Smith

Bieda Hood Knezek Warren

Colbeck Hopgood Rocca Young

Gregory Hune Schuitmaker

Nays—23

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Casperson Jones Nofs Shirkey

Emmons Knollenberg O’Brien Stamas

Green Kowall Pavlov Zorn

Hansen MacGregor Proos

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

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

Roll Call No. 605 Yeas—25

Booher Horn Meekhof Schmidt

Brandenburg Jones Nofs Schuitmaker

Casperson Knollenberg O’Brien Shirkey

Emmons Kowall Pavlov Smith

Green MacGregor Proos Stamas

Hansen Marleau Robertson Zorn

Hildenbrand

Nays—13

Ananich Hertel Hune Rocca

Bieda Hood Johnson Warren

Colbeck Hopgood Knezek Young

Gregory

Excused—0

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. 51, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 8a.

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. 606 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 4658, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6096.

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. 607 Yeas—36

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Emmons Hune Nofs Stamas

Green Johnson O’Brien Warren

Gregory Jones Pavlov Zorn

Nays—2

Smith Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 551, entitled

The question being on the passage of the bill,

Senator Schuitmaker offered the following amendment:

1. Amend page 22, line 1, after “ESTABLISHMENT” by inserting a comma and “CEMETERY, OR CREMATORY”.

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. 608 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 629, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.

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. 609 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 4713, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9.

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. 610 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 490, entitled

A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206.

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. 611 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 582, entitled

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. 612 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 583, entitled

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. 613 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 4930, 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 question being on the passage of the bill,

Senator Knezek offered the following amendment:

1. Amend page 19, following line 24, by inserting:

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Hood requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 614 Yeas—17

Ananich Hood Jones Rocca

Bieda Hopgood Knezek Schuitmaker

Casperson Horn Nofs Warren

Gregory Johnson O’Brien Young

Hertel

Nays—21

Booher Hildenbrand Marleau Schmidt

Brandenburg Hune Meekhof Shirkey

Colbeck Knollenberg Pavlov Smith

Emmons Kowall Proos Stamas

Green MacGregor Robertson Zorn

Hansen

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

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

Roll Call No. 615 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 523, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117.

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. 616 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

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. 588, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108.

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. 617 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 4462

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

The following bill was read a third time:

House Bill No. 4462, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 41, 43, 51, 52, 53, 60, 61, and 82 of chapter 2 (MCL 141.641, 141.643, 141.651, 141.652, 141.653, 141.660, 141.661, and 141.682), sections 41, 43, 60, 61, and 82 as amended by 1996 PA 478, section 51 as amended by 1982 PA 124, and section 52 as amended by 1996 PA 442, and by adding sections 43a and 50 to chapter 2; 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. 618 Yeas—21

Ananich Emmons Marleau Rocca

Bieda Hildenbrand Meekhof Schmidt

Booher Hune Pavlov Smith

Brandenburg Knollenberg Proos Stamas

Casperson Kowall Robertson Zorn

Colbeck

Nays—17

Green Hopgood Knezek Schuitmaker

Gregory Horn MacGregor Shirkey

Hansen Johnson Nofs Warren

Hertel Jones O’Brien Young

Hood

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

“An act to permit the imposition and collection by cities of an excise tax levied on or measured by income; to permit the collection and administration of the tax by the state; to provide the procedure including referendums for, and to require the adoption of a prescribed uniform city income tax ordinance by cities desiring to impose and collect such a tax; to limit the imposition and collection by cities and villages of excise taxes levied on or measured by income; to prescribe the powers and duties of certain state and municipal agencies, departments, and officials; to establish the city income tax trust fund; to provide for appeals; and to prescribe penalties and provide remedies,”.

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Resolutions

Senators Colbeck, Shirkey, Knollenberg, Robertson, Jones, Pavlov, Green, Zorn and Booher offered the following concurrent resolution:

Senate Concurrent Resolution No. 22.

A concurrent resolution to urge Governor Snyder to maintain his current position on the relocation of Syrian refugees into the state of Michigan until the Legislature affirms by resolution their resettlement, to prioritize the safety and wellbeing of Michiganders, and to continue to pursue policies that ensure the security of this state.

Whereas, The President of the United States, under the Refugee Act of 1980, has issued an executive order increasing the intake of refugees from Syria to 10,000 for fiscal year 2015-2016. These individuals have been subject to an intense civil war pitting government, opposition, and terrorist forces against one another and are fleeing Syria. The program seeks to resettle Syrians in communities across the United States; and

Whereas, Terrorists loyal to the Islamic State of Iraq and al-Sham in Syria—commonly known as ISIS—have recently expanded their campaign from the war-torn streets of Syria to all nations. In these past few months alone, ISIS has claimed responsibility for downing a Russian-bound commercial flight, killing hundreds, and Abdelhamid Abaaoud, an ISIS member, masterminded the coordinated attacks in Paris that killed 129 people and injured more than 350 others. Weeks later in San Bernardino, California, two radicalized terrorists, Syed Farook and Tashfeen Malik, killed 14 people and injured another 21 people. These acts have been committed by radicalized citizens and individuals using the visa system; and

Whereas, By increasing the intake of refugees, the President has given individuals who have adopted the teachings and ideology of ISIS a clear legal path into the United States. The FBI Director, James Comey, admits that “there are certain gaps… in the information available to us” when speaking about the process by which refugees are screened to prevent the resettlement of individuals with ties to ISIS. Other visa programs as well as illegal immigration have the potential to aid ISIS too, including student visas, work visas, and the visa waiver program. This was the case with one of the San Bernardino terrorists, Tashfeen Malik; and

Whereas, As the frequency and severity of ISIS attacks increase, measures are needed to protect the citizens of Michigan and the United States. Governor Snyder was correct in suspending the Syrian resettlement program in Michigan in the wake of ISIS’s attacks on Paris. To date, Michigan has been one of the top destinations for Syrian refugees in the United States, creating an increased demand on our state’s social service programs and our budget. Most importantly, allowing individuals sympathetic to ISIS places at risk the security and wellbeing of Michiganders and all Americans. Suspending this program has made our state more secure and efforts must continue to be made to ensure our security; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge Governor Snyder to maintain his current position on the relocation of Syrian refugees into the state of Michigan until the Legislature affirms by resolution their resettlement; and be it further

Resolved, That we urge the Governor to prioritize the safety and wellbeing of Michiganders even if it requires the forfeiture of federal funding for public services and to continue to pursue policies that protect this state from visa holders and illegal immigrants who wish us harm; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and Lieutenant Governor of Michigan.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Recess

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

The motion prevailed, the time being 8:16 p.m.

8:25 p.m.

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

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 531, 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 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 amended the title to read as follows:

A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding sections 1990, 1991, 1992, and 1993.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 619 Yeas—34

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Smith

Casperson Horn Nofs Stamas

Colbeck Johnson O’Brien Warren

Emmons Jones Pavlov Young

Green Knezek Robertson Zorn

Gregory Knollenberg

Nays—1

Hune

Excused—0

Not Voting—3

Hansen Proos Shirkey

In The Chair: Schuitmaker

Senator Kowall moved to reconsider the vote by which the House substitute was concurred in.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 620 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hood Marleau Schuitmaker

Casperson Hopgood Meekhof Shirkey

Colbeck Horn Nofs Smith

Emmons Johnson O’Brien Stamas

Green Jones Pavlov Warren

Gregory Knezek Proos Zorn

Nays—1

Hune

Excused—0

Not Voting—1

Young

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senator Kowall moved that Senator Young be temporarily excused from the balance of today’s session.

The motion prevailed.

Senate Bill No. 532, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Senator Young entered the Senate Chamber.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 621 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 533, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1988.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 622 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Recess

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

The motion prevailed, the time being 8:39 p.m.

8:57 p.m.

The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.

Recess

Senator Kowall moved that the Senate recess until 10:00 p.m.

The motion prevailed, the time being 8:58 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.

Recess

Senator Kowall moved that the Senate recess until 10:30 p.m.

The motion prevailed, the time being 10:01 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.

Recess

Senator Kowall moved that the Senate recess until 11:00 p.m.

The motion prevailed, the time being 10:31 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.

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 House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 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 House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 623 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 624 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 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 House of Representatives has amended the bill as follows:

1. Amend page 5, line 19, after “SECTION” by striking out “35(2)” and inserting “35”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 625 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 House of Representatives has amended the bill as follows:

1. Amend page 4, line 22, after “SECTION” by striking out “35(2)” and inserting “35”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 626 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 627 Yeas—26

Ananich Hildenbrand Marleau Schmidt

Booher Horn Meekhof Schuitmaker

Brandenburg Johnson Nofs Shirkey

Casperson Jones O’Brien Smith

Green Knezek Proos Stamas

Hansen Kowall Robertson Zorn

Hertel MacGregor

Nays—12

Bieda Gregory Hune Rocca

Colbeck Hood Knollenberg Warren

Emmons Hopgood Pavlov Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 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 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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 628 Yeas—26

Ananich Hildenbrand Marleau Schmidt

Booher Horn Meekhof Schuitmaker

Brandenburg Johnson Nofs Shirkey

Casperson Jones O’Brien Smith

Green Knezek Proos Stamas

Hansen Kowall Robertson Zorn

Hertel MacGregor

Nays—12

Bieda Gregory Hune Rocca

Colbeck Hood Knollenberg Warren

Emmons Hopgood Pavlov Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Protest

Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitutes for Senate Bill Nos. 616 and 617 and moved that the statement he made during the discussion of Senate Bill No. 616 be printed as his reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statement is as follows:

When we voted on these bills the first time in the Senate, I was in the middle of surgery and unable to vote on them. When I got out from under the anesthesia, I was disappointed to find out that we had decided to pursue this policy.

This year was a pretty big year. We finally put an end to picking winners and losers via the film credits, only to find out we have picked a new industry to go off and provide favored-nation status to, and that’s the data centers. I am all for getting data centers into our state. I would love to have more here, but going off and providing special tax exemptions for them is not the way to do it.

One nice thing about data centers is they have one area in their expense line that is one of the highest expenses they have as a business, which is around electricity. You need to power up the servers and keep them cool. I used to offer software as a service in private industry, and I have had my tours of data centers. If you can find a way to actually lower the expense of that electricity, you have found a way to provide them with the lower cost of doing business in this state, and you can do it without having a pick-winners-and-losers tax strategy.

That is the path we should be pursuing to lower the cost of doing business in our state, not by providing a special tax exemption, so I urge my colleagues to vote “no.”

Committee Reports

The Committee on Transportation reported

House Bill No. 4459, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2013 PA 27.

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.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

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

The Committee on Transportation reported

House Bill No. 4460, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2013 PA 28.

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.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

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 Transportation submitted the following:

Meeting held on Thursday, December 10, 2015, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood

The Committee on Local Government reported

House Bill No. 4563, entitled

With the recommendation that the bill pass.

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

Dale W. Zorn

Chairperson

To Report Out:

Yeas: Senators Zorn, Proos and Rocca

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Local Government submitted the following:

Meeting held on Tuesday, December 15, 2015, at 9:30 a.m., Room 100, Farnum Building

Present: Senators Zorn (C), Proos and Rocca

Excused: Senators Brandenburg and Young

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 11:31 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, December 16, 2015, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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