No. 6

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Tuesday, January 26, 2016.

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:

Eternal God, we give You thanks for giving us another glorious, even if a bit overcast, Pure Michigan day. I know, dear Lord, that it seems we come to You only when we have troubles in our lives. We come to You with prayer lists filled with immediate needs, relief for today’s hurts, and for wisdom to solve today’s problems. I’m pretty sure that our long-term problems are less than a blink of an eye for You. Help us to think more about what You’d like us to think about, like eternal life.

As You guide us with Your wisdom today, we ask not for simple earthly things, but rather that You help us make the simple earthly things count. What this body does to help the good people of Flint, Lord, make it count. As this Legislature works to help the students in Detroit, Lord, please make those choices count. As we receive pleas of help from our neighbors and constituents, please put it in our hearts to offer wise counsel that makes a difference in their lives; make it count, O Lord. For the mistakes in our past and the things we just can’t change, at least make them count for something.

We in this this chamber are glad to be alive and ready to serve You. As this day progresses, Lord, grant that we might be good in thought, gracious in word, generous in deed, and great in spirit.

In the name of the Father, the Son, and the Holy Spirit, the children of God will say, Amen.

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

Motions and Communications

The following communication was received and read:

Office of the Auditor General

January 22, 2016

Enclosed is a copy of the following Reports on Internal Control, Compliance, and Other Matters for the fiscal year ended September 30, 2015:

• Michigan Judges’ Retirement System

• Michigan State Police Retirement System

• Michigan Legislative Retirement System

Sincerely,

Doug Ringer

Auditor General

The audit reports were referred to the Committee on Government Operations.

The following communication was received:

Office of Senator Curtis Hertel Jr.

January 21, 2016

I am writing to request my addition in co‑sponsorship of Senate Bill 644, sponsored by Senator Stamas.

Please feel free to contact me if you need any further information.

Sincerely,

Curtis Hertel Jr.

State Senator

District 23

The communication was referred to the Secretary for record.

The Secretary announced that the following bills were printed and filed on Thursday, January 21, and are available at the Michigan Legislature website:

Senate Bill Nos. 713 714 715 716 717

House Bill Nos. 5227 5228 5229 5230

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Zorn and Pavlov admittance to the Senate floor.

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

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

The motion prevailed.

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 Zorn 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 bill:

Senate Bill No. 680, entitled

A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3.

The bill was placed on the order of Third Reading of Bills.

During the Committee of the Whole, Senator Johnson entered the Senate Chamber.

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

The motion prevailed.

Senator Pavlov’s statement is as follows:

It is a great pleasure to recognize Tyler VanHuyse and Reed Honzinski for their months of dedication and commitment to the Michigan State Senate. I am pleased to offer my congratulations to both Reed and Tyler for their exceptional work ethic, serving the constituents of the 25th Senate District and the state of Michigan.

Reed is currently finishing his senior year at Michigan State University, where he is enrolled at the James Madison College. Tyler is in his sophomore year at Michigan State, and he is also studying at James Madison College. Both of these outstanding individuals have done everything from fielding phone calls to case work and researching legislation. They have been an asset to the Michigan Senate and the constituents of the 25th District.

It is difficult to see them go, but I know that they will also be an asset to Michigan State University as they finish their studies. Thank you, Reed and Tyler, for your service, and I wish you the best in every future endeavor.

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

Senate Resolution No. 12

The motion prevailed.

Senators Pavlov, Hansen, Zorn, Stamas, Proos and Hildenbrand offered the following resolution:

Senate Resolution No. 135.

A resolution to commemorate January 31 - February 6, 2016, as Catholic Schools Week.

Whereas, There are 53,364 students attending 228 Catholic elementary and high schools throughout our great state; and

Whereas, The Constitution of Michigan states: “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and

Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools, but without compensation from the state government; and

Whereas, The viability of Catholic schools should be encouraged so that declines in Catholic school enrollment, which necessitate increases in public expenditures in the School Aid Fund, can be avoided; and

Whereas, Catholic schools instill a broad, values-based education, emphasizing the lifelong development of moral, intellectual, and social values in young people, making them responsible citizens of our state and nation; and

Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically disadvantaged, ensuring that a good education remains the single best way out of poverty; and

Whereas, With their traditionally high academic standards, high graduation rates, and commitment to community service, Catholic schools and their graduates make a positive contribution to society; and

Whereas, January 31 - February 6, 2016, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Communities of Faith, Knowledge and Service,” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and

Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and

Whereas, Catholic schools are part of a solution to support families and to build productive lives for future generations; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate January 31 - February 6, 2016, as Catholic Schools Week in the state of Michigan. We support the continued dedication of Catholic schools across Michigan toward academic excellence and the key role Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.

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

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Bieda, Brandenburg, Casperson, Colbeck, Green, Gregory, Horn, Knollenberg, MacGregor, Marleau, O’Brien and Schmidt were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senators Hertel, Young, Knezek and Hood introduced

Senate Bill No. 718, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1160.

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

Senator Booher introduced

Senate Bill No. 719, entitled

A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155).

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

Senators MacGregor, Schuitmaker and Zorn introduced

Senate Bill No. 720, entitled

A bill to amend 1970 PA 169, entitled “Local historic districts act,” by amending sections 1a, 3, 5, 9, and 14 (MCL 399.201a, 399.203, 399.205, 399.209, and 399.214), sections 1a and 5 as amended by 2004 PA 67, sections 3 and 9 as amended by 2001 PA 67, and section 14 as added by 1992 PA 96.

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

Senator Horn introduced

Senate Bill No. 721, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269.

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

Committee Reports

The Committee on Families, Seniors and Human Services reported

Senate Bill No. 659, entitled

A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530.

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

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

Judith K. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Pavlov, Jones and Johnson

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Families, Seniors and Human Services submitted the following:

Meeting held on Wednesday, January 20, 2016, at 3:00 p.m., Room 210, Farnum Building

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

Excused: Senator Casperson

The Committee on Economic Development and International Investment reported

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.

With the recommendation that the bill pass.

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

Kenneth B. Horn

Chairperson

To Report Out:

Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development and International Investment submitted the following:

Meeting held on Thursday, January 21, 2016, at 1:30 p.m., Room 210, Farnum Building

Present: Senators Horn (C), Schmidt, Stamas, Emmons, Warren and Bieda

Excused: Senator Brandenburg

Scheduled Meetings

Appropriations - Wednesday, January 27, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)

Subcommittees -

Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Corrections, Judiciary, and Judiciary Standing Committee - Wednesday, January 27, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768)

K-12, School Aid, Education - Wednesday, January 27, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) (CANCELED)

State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Commerce - Wednesday, January 27, 9:00 a.m., Room 210, Farnum Building (373-5312)

Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Health Policy - Tuesday, February 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721)

Insurance - Wednesday, January 27, 2:00 p.m., Room 100, Farnum Building (373-5312)

Judiciary, Corrections Appropriations Subcommittee, and Judiciary Appropriations Subcommittee - Wednesday, January 27, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721)

Natural Resources - Wednesday, January 27, 12:30 p.m., Room 210, Farnum Building (373-5314)

Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Transportation - Thursday, January 28, 8:30 a.m., Room 210, Farnum Building (373-5312)

Senator Kowall moved that the Senate adjourn.

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

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, January 27, 2016, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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