No. 10
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2016
Senate Chamber, Lansing, Wednesday, February 3, 2016.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hopgood—present Pavlov—present
Bieda—present Horn—present Proos—present
Booher—present Hune—present Robertson—present
Brandenburg—present Johnson—present Rocca—present
Casperson—present Jones—present Schmidt—present
Colbeck—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Smith—present
Gregory—excused 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 Phillip J. Pavlov of the 25th District offered the following invocation:
Most gracious God, we give You thanks and praise for all the blessings of Your merciful providence bestowed upon this nation and people. We beseech You to give us a just sense of Your great mercies, such as may appear in our lives by a humble, holy, and obedient walk before You all our days.
Almighty God, who has given us this good land for our heritage, we humbly beseech You that we may always prove ourselves a people mindful of Your favor and glad to do Your will. Bless our land with honorable industry, sound learning, and pure manners. Save us from violence, discord, and confusion; from pride and arrogance; and from every evil way. Defend our liberties, and fashion us into one united people. Endow with the spirit of wisdom those to whom we entrust the authority of government, that there may be justice and peace in our land, and that, through obedience to Your law, we may show forth Your praise among the nations of the earth. In the time of prosperity, fill our hearts with thankfulness; and in the day of trouble, let our trust in You not fail.
O God, the fountain of wisdom, whose statutes are good and gracious and whose law is truth, we beseech You to guide and bless the Legislature of this state, that it may ordain only such things that please You. To the glory of Your name and the welfare of the people, through Jesus Christ Your Son. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Smith entered the Senate Chamber.
Senator Kowall moved that Senator Casperson be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Gregory be excused from today’s session.
The motion prevailed.
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:
Senate Bill No. 644
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced that the Majority Leader has made the appointment of the following standing committee:
Commerce - Senator O’Brien replacing Senator Nofs.
The standing committee appointment was approved, a majority of the members serving voting therefor.
The following communication was received and read:
Office of the Senate Majority Leader
February 2, 2016
I would like House Bill 4783 re-referred to the Senate Committee on Government Operations.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Arlan Meekhof
30th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 2:
House Bill Nos. 4582 4583
The Secretary announced that the following bills were printed and filed on Tuesday, February 2, and are available at the Michigan Legislature website:
Senate Bill Nos. 727 728 729 730 731 732 733 734 735 736 737 738
House Bill Nos. 5280 5281 5282 5283 5284 5285 5286 5287 5288 5289 5290 5291 5292 5293
5294 5295 5296 5297 5298 5299 5300 5301 5302 5303 5304 5305 5306
Senator Young entered the Senate Chamber.
Messages from the Governor
The following messages from the Governor were received:
Date: February 2, 2016
Time: 10:30 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 232 (Public Act No. 7), being
An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234.
(Filed with the Secretary of State on February 2, 2016, at 4:06 p.m.)
Date: February 2, 2016
Time: 10:32 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 233 (Public Act No. 8), being
An act to amend 1933 PA 167, entitled “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,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160.
(Filed with the Secretary of State on February 2, 2016, at 4:08 p.m.)
Respectfully,
Rick Snyder
Governor
The following message from the Governor was received on February 2, 2016, and read:
EXECUTIVE ORDER
No. 2016-4
Creation of
Office of Performance and Transformation
State Budget Office
Office of Regulatory Reinvention
Department of Licensing and Regulatory Affairs
Office of Good Government
Department of Technology, Management and Budget
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and
WHEREAS, there is a continued need to reorganize the functions among state departments for efficient administration; and
WHEREAS, state government must be innovative and efficient in order to deliver the services citizens deserve; and
WHEREAS, the people of the state of Michigan deserve a regulatory environment and regulatory processes that are fair, efficient, transparent, innovative, and conducive to business growth and job creation; and
WHEREAS, the core functions of regulatory reinvention, systematic process review, and strategic and performance excellence by state departments and agencies are inherently and inextricably linked; and
WHEREAS, the movement toward government excellence and transformation must be aligned with accountability and financial resources through a permanent linkage with the Office of Internal Audit and the State Budget Office;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION
A. The Office of Performance and Transformation (“OPT”) is created within the State Budget Office, Department of Technology, Management and Budget.
B. The State Budget Director shall appoint an Executive Director of OPT. In addition to the powers, duties, and responsibilities vested in the Executive Director of OPT under this Order or by Michigan law as transferred by this Order, the Executive Director may also serve in other offices within the State Budget Office provided those offices are not incompatible under Michigan law.
C. OPT shall be responsible for continuous and systematic review and coordination of the state’s regulatory, business, and customer service environments and processes as well as coordination and implementation of performance management metrics, service process optimization efforts, employee engagement programs and protocols, and change management and leadership education and training.
II. TRANSFER OF OFFICE OF REGULATORY REINVENTION
A. All authority, powers, duties, functions, responsibilities, and rule- making authority vested in the Office of Regulatory Reinvention under Executive Order 2011-5 are transferred to OPT.
B. All authority, powers, duties, functions, and responsibilities vested in the Director of the Department of Licensing and Regulatory Affairs as Executive Director of the Office of Regulatory Reinvention and Chief Regulatory Officer of the state of Michigan are transferred to the Executive Director of OPT. The Executive Director of OPT is the Chief Regulatory Officer of the state of Michigan.
C. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by Section II of this Order are transferred to OPT.
D. The Executive Director of OPT, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director of OPT.
III. TRANSFER OF OFFICE OF GOOD GOVERNMENT
A. All authority, powers, duties, functions, and responsibilities of the Office of Good Government, an administrative unit housed within the Department of Technology, Management and Budget, are transferred to OPT.
B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Technology, Management and Budget for the activities, powers, duties, functions, and responsibilities transferred by Section III of this Order are transferred to OPT.
C. The Executive Director of OPT, after consultation with the Director of the Department of Technology, Management and Budget shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director of OPT.
D. The Executive Director of OPT and the Director of the Department of Technology, Management and Budget shall jointly identify the program positions and administrative function positions that will be transferred to OPT under this Order. All transfers to OPT shall be consistent with this Order and documented by a memorandum of understanding between the Director of the Department of Technology, Management and Budget and the Executive Director of OPT.
IV. CENTER FOR REINVENTING PERFORMANCE IN MICHIGAN
A. OPT shall develop, maintain, monitor, and facilitate Lean process initiatives to be implemented in each department and agency. OPT shall establish uniform protocols and procedures to be used for these Reinventing Performance in Michigan (“RPM”) initiatives.
B. OPT shall operate a RPM Center of Excellence to provide coaching, mentoring, and oversight for all state and agency RPM initiatives.
C. The Executive Director of OPT and the Directors of the Department of Licensing and Regulatory Affairs and the Department of Technology, Management and Budget shall jointly identify the program positions and administrative function positions that will be transferred to OPT under this Order to operate the RPM Center of Excellence. All transfers to OPT shall be consistent with this Order and documented by a memorandum of understanding between the Director of the principal department affected by this Order and the Executive Director of OPT.
V. OTHER DUTIES AND RESPONSIBILITIES
A. OPT shall develop, maintain, and promote statewide programs for change management, employee engagement, performance management, and process improvement. Such programs may include the following:
1. Creation and maintenance of communication mechanisms, such as websites, to inform departments and agencies and the public on performance excellence matters.
2. Assignment of liaisons to each department or agency to lend support for performance excellence activities.
3. Coordination of periodic statewide employee surveys.
4. Creation and maintenance of information technology systems to store and report information regarding activities and plans for employee engagement, performance management, and process improvement.
5. Coordination of training programs for state employees to promote leadership and manager development, employee engagement, performance management, and process improvement.
6. Scheduling and hosting periodic employee events and employee recognition programs.
B. OPT shall periodically review and evaluate the existing and proposed performance excellence activities and plans of the departments and agencies.
C. OPT shall make an annual written report to the Governor with respect to its review and recommendations concerning statewide performance excellence activities. In forming its recommendations, OPT shall consider such factors and information it deems useful, including consultation with the Directors of Departments.
D. Within 30 days of the date of this Order, each Department and Agency Director shall designate a Performance Excellence Officer who shall be responsible for coordinating performance excellence responsibilities and who shall serve as the liaison to OPT.
E. No later than October 1, 2016, and by October 1 of each successive year, each Performance Excellence Officer shall submit to OPT a Performance Excellence Plan, which shall include, at minimum, each performance excellence initiative that the Performance Excellence Officer reasonably expects to begin processing during the following 12-month period. The Department and Agency Director shall personally approve the Performance Excellence Plan. OPT shall determine such other contents of the Performance Excellence Plan that it deems necessary.
VI. IMPLEMENTATION
A. The Directors of the Departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
B. All records, personnel, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available or to be available to entities transferred by this Order are hereby transferred to the Executive Director of OPT.
C. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state department shall continue to be effective until revised, amended, or rescinded.
D. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
E. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order.
F. The Office of Regulatory Reinvention, created by Executive Order 2011-5, is abolished.
G. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 2nd day of February, in the Year of Our Lord Two Thousand Sixteen.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
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).
Senate Bill No. 644, entitled
A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.
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. 607, entitled
A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122).
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 501, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298.
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.
During the Committee of the Whole, Senator Casperson entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5023
Senate Bill No. 502
Senate Bill No. 709
The motion prevailed.
The following bill was read a third time:
House Bill No. 5023, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 75102 (MCL 324.75102), as amended by 2012 PA 251.
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. 22 Yeas—36
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 Jones Pavlov Warren
Green Knezek Proos Young
Hansen Knollenberg Robertson Zorn
Nays—0
Excused—2
Gregory Johnson
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; 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. 502, entitled
A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411.
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. 23 Yeas—36
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 Jones Pavlov Warren
Green Knezek Proos Young
Hansen Knollenberg Robertson Zorn
Nays—0
Excused—2
Gregory Johnson
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. 709, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162, and 8304 (MCL 600.401, 600.507, 600.517, 600.803, 600.808, 600.841, 600.8115, 600.8121a, 600.8123, 600.8159, 600.8162, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 803 as amended by 2012 PA 36, section 808 as amended by 2004 PA 492, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58.
The question being on the passage of the bill,
Senator Hertel offered the following amendment:
1. Amend page 8, line 2, by striking out all of subsection (11) and renumbering the remaining subsections.
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. 24 Yeas—10
Ananich Hertel Knezek Warren
Bieda Hood Smith Young
Brandenburg Hopgood
Nays—26
Booher Horn Meekhof Rocca
Casperson Hune Nofs Schmidt
Colbeck Jones O’Brien Schuitmaker
Emmons Knollenberg Pavlov Shirkey
Green Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—2
Gregory Johnson
Not Voting—0
In The Chair: Schuitmaker
Senator Johnson entered the Senate Chamber.
Senator Johnson offered the following amendment:
1. Amend page 12, line 11, by striking out all of section 8121a.
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. 25 Yeas—11
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Colbeck Hopgood Smith
Nays—26
Booher Horn Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Emmons Knollenberg Pavlov Shirkey
Green Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Excused—1
Gregory
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. 26 Yeas—27
Booher Hildenbrand Meekhof Schmidt
Brandenburg Horn Nofs Schuitmaker
Casperson Hune O’Brien Shirkey
Colbeck Jones Pavlov Stamas
Emmons Knollenberg Proos Warren
Green MacGregor Robertson Zorn
Hansen Marleau Rocca
Nays—10
Ananich Hood Knezek Smith
Bieda Hopgood Kowall Young
Hertel Johnson
Excused—1
Gregory
Not Voting—0
In The Chair: Schuitmaker
Senator Casperson offered to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 519, 803, 841, 8115, 8121a, 8123, 8139, and 8304 (MCL 600.401, 600.507, 600.517, 600.519, 600.803, 600.841, 600.8115, 600.8121a, 600.8123, 600.8139, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 519 as amended by 2012 PA 38, section 803 as amended by 2012 PA 36, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Senators Hertel, Young and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hertel’s statement is as follows:
Colleagues, I rise today to offer an amendment to Senate Bill No. 709. My amendment would preserve the Ingham County probate judgeship that the Judicial Resources Recommendations report suggests removing. After speaking with local estate planning attorneys, it’s clear that it is not prudent at this time. If you’re not aware, there are only two probate judges in Ingham County. They’re hugely busy. If you look at the actual report, even after this change, they will be at 98 percent efficiency. Knowing that’s not actually going to occur for two to three years from now, we have no idea what those numbers will look like then.
What I can tell you is that our population, in general, is getting older and will be in more need of these services. Hearings are scheduled more than a month in advance right now, which is double the time it takes in some other jurisdictions across this state. In the event a judge goes on vacation, the entire system will grind to a halt. Traveling judges are occasionally able to fill in, but they may not understand the ins and outs of the local system. This not only makes it difficult for attorneys and legal assistants, but also, more importantly, for families who are going through probate to achieve some sense of closure. It’s not just about last wishes; probate courts handle guardianships and adoptions. I know all too well. My son Nathan was adopted through the Ingham County Probate Court. Lives literally hang in the balance while schedules stretch. Keeping this process moving smoothly will go a long way to ensuring estates and people are treated with the dignity and the respect they deserve.
I urge you to support this amendment.
Senator Young’s statement is as follows:
Colleagues, I rise today to speak to an amendment to Senate Bill No. 709. This amendment would eliminate the provision in this legislation to remove a judgeship from the 36th District Court in Detroit. Detroit is home to some of the busiest courts in our state, and caseloads have doubled in the past year alone. That’s why we need to bring Recorder’s Court back, but that’s a story for another day. In addition, Detroit recently entered into a memorandum of understanding with the Wayne County Prosecutor’s Office. This allows the city to prosecute certain cases that it did not previously handle. This will require more resources, not less.
So, although the suggestions in the Judicial Resources Recommendations report were arrived at through a careful analysis, that analysis did not include the increased caseloads. We need to make a commitment to Detroit’s recovery, and a robust judicial system is a step in the right direction. We need to talk about fair representation in jury pools. We need to talk about how we should cut down on the caseloads; how we can serve more people in the 36th District Court; how we can be more efficient and more effective; and be a better representation of the people it’s supposed to serve, not take away from it.
If you’re like me, you’re concerned about access to the courts and making sure that everyone gets a fair shake in our justice system. So for truth, justice, and the American way; for life, liberty, and the pursuit of happiness, vote “yes” for this amendment.
Senator Bieda’s statement is as follows:
Colleagues, I rise today to offer my support along with the Senators from the 1st and 7th Districts’ comments. I understand that the allocation of judgeships isn’t the most exciting issue we’re dealing with here in Michigan today, but it’s vital to the health of our judiciary system. I know that everyone in this chamber believes justice must be delivered swiftly and fairly. However, that is a different proposition when we don’t have enough judges to hear cases.
Senate Bill No. 709, as written, would remove judgeship positions from a multitude of districts, including the incredibly busy 36th District Court in Detroit. If you recall, the Legislature eliminated one position in 2013, and now we’re poised to lose another. That is a mistake, and, trust me, I know this firsthand.
When we heard testimony about this legislation, Detroit’s general counsel reported that in November 2014, the city was handling approximately 200 cases per day. By November 2015, that number had increased to 400 cases per day. They also grew their prosecutorial staff from 8 to 15. Those are not insignificant changes. To be clear, the Judicial Resources Recommendations report did not reflect this information, making the recommendations inaccurate. We can’t expect a fair delivery of justice when work doubles without assistance.
While I recognize that being fiscally responsible is important, particularly when taxpayer dollars are at work, we cannot risk overburdening an already-stressed legal system. Remember, the city of Detroit is fresh out of bankruptcy. Quality of life in the city is starting to improve. That can’t continue without effective law enforcement and a strong judicial system.
I encourage you to vote for this amendment to ensure that our courts continue to perform at their highest levels.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Schmidt, Kowall and Stamas introduced
Senate Bill No. 739, entitled
A bill to amend 2012 PA 387, entitled “Regional transit authority act,” (MCL 124.541 to 124.558) by adding section 10a.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Warren, Smith and O’Brien introduced
Senate Bill No. 740, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 2014 PA 278 and section 16 as amended by 2006 PA 419.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jones, Colbeck, Nofs, Schuitmaker, Stamas and Shirkey introduced
Senate Bill No. 741, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 4582, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), as amended by 2006 PA 161, and by adding sections 17011a and 17511a.
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 Health Policy.
House Bill No. 4583, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16189; and to repeal acts and parts of acts.
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 Health Policy.
Committee Reports
The Committee on Education reported
Senate Bill No. 713, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 2a as added and section 6 as amended by 1994 PA 112.
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.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck
Nays: Senator Knezek
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 714, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1535b.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck
Nays: Senator Knezek
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 715, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 164g.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck
Nays: Senator Knezek
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, February 2, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek
The Committee on Local Government reported
Senate Bill No. 569, entitled
A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443).
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, Brandenburg and Rocca
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
House Bill No. 4758, entitled
A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 132, 221, 275, 277, 278, 280, 476, 528, and 569 (MCL 280.132, 280.221, 280.275, 280.277, 280.278, 280.280, 280.476, 280.528, and 280.569), sections 275, 278, and 280 as amended by 2002 PA 406.
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, Brandenburg 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, February 2, 2016, at 12:30 p.m., Room 100, Farnum Building
Present: Senators Zorn (C), Proos, Brandenburg and Rocca
Excused: Senator Young
The Committee on Health Policy reported
Senate Bill No. 644, entitled
A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, February 2, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
The Committee on Banking and Financial Institutions reported
Senate Bill No. 737, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Tuesday, February 2, 2016, at 2:30 p.m., Room 100, Farnum Building
Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca and Young
Excused: Senator Hertel
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development and International Investment submitted the following:
Joint meeting held on Tuesday, February 2, 2016, at 3:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda
Scheduled Meetings
Appropriations -
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)
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)
Government Operations - Thursday, February 4, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)
Transportation - Thursday, February 4, 8:30 a.m., Room 210, Farnum Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:35 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 4, 2016, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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