No. 27
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2016
Senate Chamber, Lansing, Tuesday, March 15, 2016.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien.
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
Pastor Rick Lippert of Barryton Church of Christ of Barryton offered the following invocation:
Almighty and Sovereign God, we come before You today with grateful hearts for the privilege of living in such a great nation; for Your great blessing of freedom; and the protection You have shown us to live, speak, worship, and conduct business without fear through these many years. We thank You for the wisdom of great leaders and for their willingness to stand for good throughout the rest of our nation and the world. We thank You for the guidance of our forefathers and their foresight and determination that such a nation would never succeed without its foundation continuing to rest upon godly principles.
Father, we truly thank You for our country, our Constitution, and for those who care so greatly for the people of the state of Michigan as to give of their time and talents. We pray this morning for Your hand of guidance and discernment for our Governor and Senators and all political leaders.
We pray that You will grant them wisdom and the courage to uphold the Constitution which establishes a republic based on Your absolute laws, not a democracy based on the changing whims of man’s reasoning. May they realize that all authority comes from You. Help them to lead and govern with integrity, and may that integrity guide them and keep them on course. Lord, please be merciful, and help them to be spirit-filled and to follow Your godly principles upon which our country was founded.
We pray today, Lord, that You would be their defender and protector, and keep them always on guard, helping them to be strong in their convictions and courageous. Bless them today, Lord, helping them to stand firm in their faith, influencing others for Your kingdom. Please encourage them today, and grant wisdom generously as Your Word promises in James 1:5, where it says: “If any of you lacks wisdom, you should ask God, who gives generously to all without finding fault, and it will be given to you.”
We pray for boldness to once again call right, right and wrong, wrong; that we might once again return to the godly nation You intended for us to be. You are the same yesterday, today, and forever. We call upon You today to guide our state, our nation, and this assembly in Your ways.
In Christ’s name, we pray. Amen.
The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Hood moved that Senators Ananich, Johnson, Smith and Young be temporarily excused from today’s session.
The motion prevailed.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
10:48 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senators Young, Smith and Johnson entered the Senate Chamber.
The following communication was received and read:
Office of the Auditor General
March 11, 2016
Enclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters for the fiscal year ended September 30, 2015:
• State of Michigan Comprehensive Annual Financial Report.
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Government Operations.
The Secretary announced that the following bills were printed and filed on Thursday, March 10, and are available at the Michigan Legislature website:
Senate Bill No. 852
House Bill Nos. 5447 5448 5449 5450 5451 5452
Messages from the Governor
The following message from the Governor was received on March 10, 2016, and read:
EXECUTIVE ORDER
No. 2016-5
Creation of the
21st Century Infrastructure Commission
Executive Office of the Governor
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and
WHEREAS, under Section 1 of 1931 PA 195, being MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and
WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and
WHEREAS, sound and modern infrastructure is vital to the health and well-being of the people of Michigan, as well as Michigan’s economy and vibrant communities to continue and accelerate our economic comeback, we must preserve, maintain, and improve our infrastructure now and in the future; and
WHEREAS, citizens expect state and local government to provide safe and cost-effective access to transportation, water and sewer, wastewater treatment and drainage, energy, communications, and other services; and
WHEREAS, Michigan is building automobiles for the 21st century and therefore must have a 21st century transport systems to move people and goods yet over 1,200 Michigan bridges are structurally deficient and over 1,700 are functionally obsolete; and
WHEREAS, outdated water and sewer infrastructure represent potential significant health hazards and costs to citizens and government; and
WHEREAS, Michigan’s aging wastewater treatment systems represent a barrier to economic growth and water quality improvements; and
WHEREAS, an adaptable, reliable, affordable, and environmentally protective energy system is paramount to economic prosperity yet Michigan’s infrastructure is aging; and
WHEREAS, Michigan’s growing technology sector is heavily reliant on communications and our cyber networks are integral to Michigan’s infrastructure, economic growth, and quality of life; and
WHEREAS, it is important that the state of Michigan develop a comprehensive, coordinated, and effective infrastructure system long-term vision that guides strategic infrastructure planning, investment, and prioritization in Michigan; and
WHEREAS, this plan must be strategic, effective, and affordable at the local and state level in order to provide the infrastructure our state needs today and into the future; and
WHEREAS, an ongoing and full assessment of Michigan’s infrastructure challenges, opportunities, and costs is needed; and
WHEREAS, Michigan should look to experts and leaders from across the state who are committed to Michigan’s future to identify current conditions and future infrastructure needs, develop a comprehensive strategy for identifying and prioritizing investments in transportation, water and sewer, wastewater infrastructure, energy, telecommunications and other areas, and the funding of these investments; and
WHEREAS, the establishment of a 21st Century Infrastructure Commission will advise and assist in matters relating to the assessment and development of a 21st Century infrastructure strategy and will be responsible for providing a full set of recommendations by September 30, 2016;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION OF THE 21st CENTURY INFRASTRUCTURE COMMISSION
A. The 21st Century Infrastructure Commission (the “Commission”) is created as a temporary commission pursuant to Article V, Section 4 of the Constitution of the State of Michigan of 1963 and shall serve an advisory body within the Executive Office of the Governor.
B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch and shall be composed of twenty-seven (27) members appointed as follows.
1. The Governor shall appoint fifteen (15) voting members to the Commission, serving at the pleasure of the Governor.
2. The following four (4) voting members:
• One (1) member appointed by the Speaker of the House;
• One (1) member appointed by the House Minority Leader;
• One (1) member appointed by the Senate Majority Leader; and
• One (1) member appointed by the Senate Minority Leader.
3. The directors or chair of the following eight (8) departments and agencies or their designees from within their respective departments or agencies who shall be non-voting, ex officio members:
• Department of Transportation;
• Department of Environmental Quality;
• Department of Agriculture and Rural Development;
• Department of Technology, Management and Budget;
• Michigan Economic Development Corporation;
• Department of Natural Resources;
• Michigan Agency for Energy; and
• Michigan Public Service Commission.
C. A vacancy on the Commission shall be filled in the same manner as the original appointment.
D. The Commission shall include individuals representing the business, government, nonprofit, and philanthropic communities who have a particular interest or expertise in infrastructure. Specifically, Commission members will need to possess expertise in infrastructure design and planning, underground infrastructure, municipal planning, public utilities, water and sewer infrastructure, wastewater treatment and drainage, and/or communications and technology.
II. CHARGE TO THE COMMISSION
The Commission shall act in an advisory capacity to the Governor and the state of Michigan, determine the scope of a comprehensive infrastructure vision for Michigan, and shall do all of the following:
1. Bring together the following infrastructure components for all-inclusive strategic asset management, including short-term capital planning needs, long-term strategy, sharing of templates and best practices and recommended funding mechanisms in the areas of transportation (including mobility), water and sewer, wastewater treatment and drainage, energy, communications and any other necessary components identified by the Commission.
2. Complete an assessment of current infrastructure needs throughout the state, both at the state and local level.
3. Research and benchmark other states and nations to identify and recommend best practices.
4. Develop methods to incentivize and encourage joint evaluation and planning of infrastructure needs, state and local cooperation and collaboration, including asset management coordination and methods to encourage and incentivize longer term planning for more strategic management.
5. Promote partnerships between governments, businesses, nonprofit organizations, and philanthropies towards the creation of a 21st Century Infrastructure Strategy.
6. Give consideration to whole of life costs of infrastructure and the medium and long term economic value of the infrastructure to the state.
7. Develop methods for incorporating land-use, quality of life, and economic development activities with statewide infrastructure planning.
8. Develop methods for incorporating 21st century communications and technology with statewide infrastructure planning.
9. Create an assessment of needed financing options for implementation of infrastructure recommendations, utilizing state and local opportunities along with public-private partnerships.
10. Explore the use of infrastructure evaluation information technology including data analysis that would help in various aspects of planning, evaluation, asset management, investment, operation, and/or potential prediction of failures of various infrastructure.
11. Prioritize needs for the next 30-50 years.
12. Develop confidence in Michigan’s residents, businesses, and future industries of our sound infrastructure system.
13. Provide other information or advice as directed by the Governor.
14. No later than November 30, 2016, shall complete its work and issue a final report to the Governor for his consideration. A copy of the final report shall be transmitted to the Legislature.
15. Ninety days (90) after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Executive Order and shall cease operations.
III. OPERATIONS OF THE COMMISSION
A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office.
B. The Governor shall designate the Chairperson or Chairpersons of the Commission who shall serve as Chair at the pleasure of the Governor.
C. The Commission may select from among its members a Vice Chairperson.
D. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan.
E. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary.
F. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees.
G. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the commission’s business notwithstanding the existence of one (1) or more vacancies. The Commission shall act by majority vote of its present and voting members.
H. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.
I. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector.
J. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget.
K. Subject to the Governor’s approval, the Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance or its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures or the Civil Service Commission and the Department of Technology, Management and Budget.
L. The Commission may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contacts relating to Commission actions or activities to the Office of the Governor.
IV. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.
C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law.
D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 10th day of March, 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.
The following messages from the Governor were received and read:
February 26, 2016
I respectfully submit to the Senate the following appointments to office:
Michigan Electronic Recording Commission
Donna M. Krall of 2817 Trafford Drive, Royal Oak, Michigan 48073, county of Oakland, representing individuals engaged in the practice of banking, succeeding herself, is reappointed for a term expiring January 1, 2018.
Christian E. Meyer of 1410 Pontiac Road, S.E., Grand Rapids, Michigan 49506, county of Kent, representing attorneys licensed to practice law in the state and whose expertise emphasizes real property matters, succeeding himself, is reappointed for a term expiring January 1, 2018.
Lori A. Wilson of 341 S. Vine Street, Stanton, Michigan 48888, county of Montcalm, representing county register of deeds, succeeding Bambi Somerlott, is appointed for a term expiring January 1, 2018.
Thomas D. Richardson of 3368 Oak Hollow Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing individuals engaged in the land title profession, succeeding himself, is reappointed for a term expiring January 1, 2018.
March 3, 2016
I respectfully submit to the Senate the following appointments to office:
Michigan Cherry Committee
Michael A. DeRuiter of 1930 N. Water Road, Hart, Michigan 49420, county of Oceana, representing District 2 tart cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2019.
Joseph Muvrin of 43832 County Road 374, Paw Paw, Michigan 49079, county of Van Buren, representing District 3 sweet cherry growers, succeeding Marc Willmeng, is appointed for a term expiring February 1, 2019.
Daryl K. Peterson of 6115 W. Olmstead Road, Ludington, Michigan 49431, county of Mason, representing District 2 sweet cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2019.
March 3, 2016
I respectfully submit to the Senate the following appointments to office:
Michigan Citizen-Community Emergency Response Coordinating Council
Marc Breckenridge of 3332 Endsleigh Lane, Ypsilanti, Michigan 48197, county of Washtenaw, representing individuals with technical expertise related to emergency response, succeeding himself, is reappointed for a term expiring December 31, 2019.
Alisha D. Clack of 309 N. Dunbar Street, Potterville, Michigan 48876, county of Eaton, representing the general public, succeeding herself, is reappointed for a term expiring December 31, 2019.
Michael A. Yankowski of 4260 Chancellor Drive, DeWitt, Michigan 48820, county of Clinton, representing individuals with technical expertise related to emergency response, succeeding Roger Caris, is appointed for a term expiring December 31, 2019.
March 3, 2016
I respectfully submit to the Senate the following appointments to office:
Corn Marketing Program of Michigan
Steven J. Lonier of 14300 Lowell Road, Lansing, Michigan 48906, county of Clinton, representing District 6 growers, succeeding himself, is reappointed for a term expiring March 5, 2019.
Craig McManus of 8443 Wilcox Road, Eaton Rapids, Michigan 48827, county of Eaton, representing District 5 growers, succeeding Richard Dobbins, is appointed for a term expiring March 5, 2019.
Paul B. Wagner of 5899 County Road 633, Grawn, Michigan 49637, county of Grand Traverse, representing District 9 growers, succeeding himself, is reappointed for a term expiring March 5, 2019.
March 3, 2016
I respectfully submit to the Senate the following appointments to office:
Michigan Dairy Marketing Program Committee
Timothy C. Hood of 41488 County Road 358, Paw Paw, Michigan 49079, county of Van Buren, representing Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2018.
Peter J. Kleiman of W2017 Kleiman Lane No. 39, Wilson, Michigan 49896, county of Menominee, representing Michigan Farm Bureau, succeeding Anna Link, is appointed for a term expiring December 31, 2018.
Dwight H. Nash of 4717 N. Shepardsville Road, Elsie, Michigan 48831, county of Clinton, representing Dairy Farmers of America, succeeding himself, is reappointed for a term expiring December 31, 2018.
Kenneth P. Nobis of 1513 N. Lowell Road, St. Johns, Michigan 48879, county of Clinton, representing Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2018.
James W. Reid of 5729 Burtch Road, Grant Township, Michigan 48032, county of Saint Clair, representing Dairy Farmers of America, succeeding himself, is reappointed for a term expiring December 31, 2018.
March 3, 2016
I respectfully submit to the Senate the following appointments to office:
Advisory Council on Deaf, Deafblind and Hard of Hearing
Karen J. Bailey of 2220 Steeplechase Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing individuals knowledgeable in the field of deafness, succeeding Helen Boucher, is appointed for a term expiring January 18, 2019.
Christopher H. Hunter of 1773 Maple Street, Holt, Michigan 48842, county of Ingham, representing deaf or hard of hearing persons, succeeding Patrick Baker, is appointed for a term expiring January 18, 2019.
Sarah Ann Liming of 2325 Heights Avenue, Lansing, Michigan 48912, county of Ingham, representing deaf or hard of hearing persons, succeeding herself, is reappointed for a term expiring January 18, 2019.
Todd Morrison of 9819 Fountain Lane, Fowlerville, Michigan 48836, county of Livingston, representing individuals knowledgeable in the field of deafness, succeeding Renea Forrest, is appointed for a term expiring January 18, 2019.
March 3, 2016
I respectfully submit to the Senate the following appointment to office:
Local Community Stabilization Authority Council
Scott Erbisch of 204 W. Nicolet Boulevard, Marquette, Michigan 49855, county of Marquette, succeeding himself, is reappointed for a term expiring September 3, 2021.
March 3, 2016
I respectfully submit to the Senate the following appointments to office:
Michigan Tree Fruit Commission
James Engelsma of 3520 O’Brien Street, S.W., Grand Rapids, Michigan 49534, county of Kent, representing fruit growers in District 2, succeeding himself, is reappointed for a term expiring March 1, 2019.
Mark A. Miezio of 10351 East Solem Road, Suttons Bay, Michigan 49682, county of Leelanau, representing fruit growers in District 1, succeeding himself, is reappointed for a term expiring March 1, 2019.
Michael R. VanAgtmael of 3488 E. Fox Road, Hart, Michigan 49420, county of Oceana, representing fruit growers in District 2, succeeding himself, is reappointed for a term expiring March 1, 2019.
Sincerely,
Rick Snyder
Governor
The appointments were 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 Assistant President pro tempore, Senator O’Brien, designated Senator Knezek as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 579, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502.
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. 619, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14.
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. 620, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115.
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. 621, entitled
A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44.
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. 622, entitled
A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25.
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. 623, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290.
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. 624, entitled
A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237.
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.
During the Committee of the Whole, Senator Ananich 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:
Senate Bill No. 773
Senate Bill No. 314
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 773, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 48714 (MCL 324.48714).
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. 105 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: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 314, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522.
The question being on the passage of the bill,
Senator Hopgood offered the following amendment:
1. Amend page 11, following line 1, by inserting:
“(14) A PERSON WHO IS EXEMPT FROM THE SEASONAL REDUCTIONS UNDER SUBSECTION (8) IS LIABLE TO THE STATE TRANSPORTATION DEPARTMENT OR A COUNTY ROAD COMMISSION FOR DAMAGE TO ANY ROADS OR BRIDGES UNDER THE AUTHORITY OF THE STATE TRANSPORTATION DEPARTMENT OR THAT COUNTY ROAD COMMISSION CAUSED BY THAT PERSON WHILE TRAVELING ON THAT ROAD OR BRIDGE DURING THE SEASONAL WEIGHT RESTRICTION PERIOD DESCRIBED IN SUBSECTION (8).” and renumbering the remaining subsection.
The amendment was not adopted, a majority of the members serving not 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. 106 Yeas—26
Ananich Horn MacGregor Proos
Booher Hune Marleau Robertson
Brandenburg Johnson Meekhof Schmidt
Gregory Jones Nofs Shirkey
Hansen Knezek O’Brien Stamas
Hertel Knollenberg Pavlov Zorn
Hildenbrand Kowall
Nays—12
Bieda Emmons Hopgood Smith
Casperson Green Rocca Warren
Colbeck Hood Schuitmaker Young
Excused—0
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
Senators Hopgood and Schmidt asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hopgood’s statement is as follows:
Thank you for considering this amendment to Senate Bill No. 314. The Legislature enacted frost laws to protect our infrastructure during its most vulnerable time. Since it has been enacted, individual business interests have come back and slowly chipped away at this legislation. My amendment aims to hold all private interests that are exempt from frost laws accountable for any damage that might be done to our roads as a result of these carve-outs.
In fact, many of our counties have required this sort of policy in the permits that they issue during this time. It is actually something that follows what happens in many parts of the state. Until the roads in this state are properly funded, I implore all of you to stop these carve-outs that further harm the infrastructure in the state. This amendment would apply to all of the carve-outs that are currently in law. Please consider the conditions of our infrastructure. I would appreciate members’ support of this amendment.
Senator Schmidt’s statement is as follows:
I would encourage a “no” vote on this amendment. Road commissions are already able to negotiate this with the haulers, and haulers are already responsible for any damages that occur.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Stamas, Horn, Brandenburg, Shirkey and Schmidt introduced
Senate Bill No. 853, entitled
A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers.
The bill was read a first and second time by title and referred to the Committee on Commerce.
Senator Young introduced
Senate Bill No. 854, 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 31e.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Health and Human Services submitted the following:
Meeting held on Thursday, March 10, 2016, at 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Gregory and Hertel
Excused: Senator Hansen
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Higher Education submitted the following:
Joint meeting held on Thursday, March 10, 2016, at 1:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Schuitmaker (C), MacGregor and Hertel
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Licensing and Regulatory Affairs submitted the following:
Meeting held on Thursday, March 10, 2016, at 1:00 p.m., Room 100, Farnum Building
Present: Senators Knollenberg (C) and Young
Excused: Senator Marleau
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development and International Investment submitted the following:
Meeting held on Thursday, March 10, 2016, at 2:00 p.m., University of Michigan Mcity Test Facility, Mcity Building, Mobility Transformation Center Conference Room, 2901 Baxter Road, Ann Arbor
Present: Senators Horn (C), Schmidt, Stamas, Emmons, Warren and Bieda
Excused: Senator Brandenburg
COMMITTEE ATTENDANCE REPORT
The Committee on Veterans, Military Affairs and Homeland Security submitted the following:
Meeting held on Thursday, March 10, 2016, at 2:00 p.m., Room 110, Farnum Building
Present: Senators O’Brien (C), Zorn, Colbeck and Knezek
Excused: Senator Emmons
COMMITTEE ATTENDANCE REPORT
The Subcommittee on State Police and Military Affairs submitted the following:
Meeting held on Tuesday, March 15, 2016, at 8:00 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Nofs (C), Colbeck and Knezek
Scheduled Meetings
Appropriations - Wednesday, March 16, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)
Subcommittees -
Agriculture and Rural Development - Tuesday, March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Capital Outlay - Wednesday, March 16, 4:00 p.m. or later after committees are given leave by the House to meet, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-8080)
Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768)
Corrections - Wednesday, March 16, 12:30 p.m., Room 405, Capitol Building (373-2768)
General Government - Thursdays, March 17 and March 24, 8:30 a.m., Room 100, Farnum Building (373-2768)
Judiciary - Wednesday, March 23, 9:00 a.m., Room 405, Capitol Building (373-2768)
K-12, School Aid, Education - Wednesday, March 16, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
State Police and Military Affairs - Tuesdays, March 22, 8:30 a.m., Room 405 and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Transportation - Thursdays, March 17 and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Commerce - Wednesday, March 16, 8:30 a.m., Room 210, Farnum Building (373-5312)
Economic Development and International Investment - Thursday, March 17, 12:30 p.m., Room 210, Farnum Building (373-5323)
Elections and Government Reform - Thursday, March 17, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-1721)
Families, Seniors and Human Services - Wednesday, March 16, 3:00 p.m., Room 210, Farnum Building (373-5323)
Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Natural Resources - Wednesday, March 16, 12:30 p.m., Room 210, Farnum Building (373-5314)
Transportation - Thursday, March 17, 8:30 a.m., Room 210, Farnum Building (373-5312)
Transportation and House Transportation and Infrastructure - Thursday, March 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:06 a.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, March 16, 2016, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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