No. 22

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Wednesday, March 2, 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—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:

Father, we thank You for the opportunity to meet here today and conduct the business of the great state of Michigan. We thank You for Your many blessings and for our safe travel to this chamber. We thank You for this beautiful, crisp, clear winter.

We thank You today for the many opportunities brought before this body. We pray that You give us wisdom, Lord, as with great opportunity comes great responsibility. We ask that You bless these proceedings, that You would be here, present in a way that would result in Your will being accomplished.

Finally, we ask that You protect those who serve in our armed forces, and remember those who sacrificed their lives for us. We pray for those away from home and ask that they find strength in You.

We ask these things in Your perfect name. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Young, Smith and Pavlov entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

February 29, 2016

Enclosed is a copy of the following audit report:

• Performance audit report on Prisoner Transportation, Department of Corrections.

Sincerely,

Doug Ringler

Auditor General

The audit report was referred to the Committee on Government Operations.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 1:

House Bill Nos. 4436 4874 5059 5060 5128 5189 5190 5191 5202

The Secretary announced that the following bills were printed and filed on Tuesday, March 1, and are available at the Michigan Legislature website:

Senate Bill Nos. 823 824 825 826 827 828 829 830 831

House Bill Nos. 5401 5402 5403 5404 5405 5406 5407 5408

Senator Kowall moved that Senators Booher, Casperson, Green, Hansen and Shirkey be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senators Booher, Green, Shirkey and Casperson entered the Senate Chamber.

Messages from the Governor

The following message from the Governor was received:

Date: March 1, 2016

Time: 10:02 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 503 (Public Act No. 26), being

An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565.

(Filed with the Secretary of State on March 1, 2016, at 2:17 p.m.)

Respectfully,

Rick Snyder

Governor

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Horn as Chairperson.

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

Senate Bill No. 656, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560.

Senate Bill No. 657, entitled

A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251).

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 amendments, the following bill:

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 following are the amendments recommended by the Committee of the Whole:

1. Amend page 2, line 17, after “section” by striking out the comma and ““recreational” and inserting a colon and:

“(A) “CAMPING ACTIVITY” MEANS AN OUTDOOR RECREATION ACTIVITY PLANNED AND CARRIED OUT BY THE OWNER AND OPERATOR OF A CAMP.

(B) “RECREATIONAL”.

2. Amend page 2, line 19, by striking out “CAMPING ACTIVITIES” and inserting “A CAMPING ACTIVITY”.

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

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

By unanimous consent the Senate returned to the order of

Messages from the House

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 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.

The President, Lieutenant Governor Calley, assumed the Chair.

Senate Bill No. 150, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t.

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

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

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

The Senate agreed to the full title.

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

By unanimous consent the Senate proceeded to the order of

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.

Senator Nofs offered the following resolution:

Senate Resolution No. 151.

A resolution of tribute offered to honor John Quackenbush upon the end of his term on the Michigan Public Service Commission.

Whereas, It is a great pleasure to extend this expression of our thanks and appreciation to John Quackenbush for his longstanding commitment to public service and outstanding leadership as chairman of the Michigan Public Service Commission; and

Whereas, Commissioner Quackenbush serves on several committees of the National Association of Regulatory Utility Commissioners, is a member of the Advisory Council for the Gas Technology Institute, served as a board member of the Society of Utility and Regulatory Financial Analysts, and was appointed to the Technical Hazardous Liquid Pipeline Safety Standards Committee of the United States Department of Transportation; and

Whereas, In 2011, Commissioner Quackenbush was named a TopGun U.S. Industries Investment Mind by Brendan Wood International, and he is a member of the CFA Institute and CFA Society of Chicago; and

Whereas, Prior to his appointment by Governor Snyder, Commissioner Quackenbush served in several senior financial analyst roles with the Illinois Commerce Commission, served as a manager of the Sprint Corporation Treasury Department and Sprint Corporation Local Telecom Division, and most recently worked for UBS Global Asset Management as managing director and senior investment analyst responsible for equity research for the transportation, utilities, and coal industries in the United States and Canada; and

Whereas, Commissioner Quackenbush’s vision, integrity, and intelligence have earned him well-deserved recognition and our deepest appreciation; and

Whereas, We wish John the best of health, happiness, and success in all his future endeavors; now, therefore, be it

Resolved by the Senate, That we offer this expression of our highest tribute to honor John Quackenbush; and be it further

Resolved, That a copy of this resolution by transmitted to John Quackenbush as a token of our esteem.

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

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Horn, Kowall, Marleau, O’Brien and Proos were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senators Colbeck, Green, Casperson, Marleau and Shirkey introduced

Senate Bill No. 832, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 931 (MCL 168.931), as amended by 1996 PA 583.

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

Senators Hansen, Booher, Hertel, Colbeck, Jones, Nofs, O’Brien and Zorn introduced

Senate Bill No. 833, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213.

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

Senator Proos introduced

Senate Bill No. 834, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278c (MCL 380.1278c), as added by 2014 PA 288.

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

Senators O’Brien, Jones, Hertel, Hopgood and Marleau introduced

Senate Bill No. 835, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307.

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

Senators Jones, O’Brien, Hertel, Hopgood and Marleau introduced

Senate Bill No. 836, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c.

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

Senators Hertel, O’Brien, Jones, Hopgood and Marleau introduced

Senate Bill No. 837, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h.

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

Senators Hopgood, O’Brien, Jones, Hertel and Marleau introduced

Senate Bill No. 838, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307i.

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

Senator Schmidt introduced

Senate Bill No. 839, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, and 81133 (MCL 324.72101, 324.72115, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, and section 81133 as amended by 2014 PA 147, and by adding section 72117; and to repeal acts and parts of acts.

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

House Bill No. 4436, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2001 PA 159.