No. 72
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2016
Senate Chamber, Lansing, Wednesday, November 30, 2016.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—excused O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Stamas—present
Gregory—present MacGregor—present Warren—present
Hansen—present Marleau—present Young—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Reverend Dr. Patricia Butler of St. Luke Tabernacle Community Church of Detroit offered the following invocation:
God of Abraham, Isaac, and Jacob, Thou who by wisdom founded the heavens and the earth, by knowledge created all things therein, and by Your infinite and omnipotent understanding of all things, we humble ourselves before You at the opening of this day. We ask You for Your divine guidance and direction as we seek to speak for those who have put their trust in us. Kind Father, grant us Thy wisdom so that we can discern that which is prudent, that which is truthful, and accurate. Lord, grant us Thy knowledge so that we can make decisions that meet the needs of the people. O God, grant us Thy understanding, leaning on Your divine Spirit to open our hearts and minds, that we may speak truth in love. Thank You for the honor and privilege of serving You by serving our fellow man. In the name of Jesus we pray. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Shirkey, Young, Green and Conyers entered the Senate Chamber.
Senator Kowall moved that Senator Brandenburg be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senators Ananich and Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senator Hood be excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Stamas and Colbeck admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, November 29, for his approval the following bills:
Enrolled Senate Bill No. 885 at 4:54 p.m.
Enrolled Senate Bill No. 597 at 4:56 p.m.
Enrolled Senate Bill No. 995 at 4:58 p.m.
Enrolled Senate Bill No. 996 at 5:00 p.m.
Enrolled Senate Bill No. 997 at 5:02 p.m.
Enrolled Senate Bill No. 998 at 5:04 p.m.
The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, November 29, and are available at the Michigan Legislature website:
Senate Bill Nos. 1180 1181
House Bill Nos. 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064
6065 6066 6067 6068
House Joint Resolution UU
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
10:33 a.m.
Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
During the recess, Senators Brandenburg, Ananich and Johnson entered the Senate Chamber.
Recess
Senator Kowall moved that the Senate recess until 2:30 p.m.
The motion prevailed, the time being 10:34 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:31 p.m.
3:50 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 1055
Senate Bill No. 1056
Senate Bill No. 1109
Senate Bill No. 1175
Senate Bill No. 1176
House Bill No. 5504
The motion prevailed, a majority of the members serving voting therefor.
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:
House Bill No. 5542, entitled
A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463.
House Bill No. 5543, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527.
House Bill No. 5544, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329.
Senate Bill No. 1097, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213.
Senate Bill No. 1099, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10.
Senate Bill No. 1109, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52.
Senate Bill No. 1175, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183.
Senate Bill No. 1176, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126.
House Bill No. 5504, entitled
A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44.
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 amendment, the following bill:
House Bill No. 4814, entitled
A bill to provide for public electronic access to information through this state’s website; to require webpage posting of information about state departments, departmental subunits, and supervisors; to require standardized formats for displaying information, including functions, contact information, and organizational charts; and to provide for the powers and duties of certain state governmental officers and entities.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 2, line 21, after “name” by inserting a comma and “position title, classified or nonclassified civil service distinction,”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1047, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a.
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. 1117, entitled
A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 21, 21a, and 464 (MCL 280.21, 280.21a, and 280.464), section 21 as amended by 2007 PA 51 and section 21a as added and section 464 as amended by 1989 PA 134.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5128, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20.
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. 1098, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1100, entitled
A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 26, after “business.” by striking out the balance of the line through “voting.” on line 3 of page 5.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1055, entitled
A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101).
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 4, after “credit” by striking out the balance of the subdivision and inserting “FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES THAT IS made to the holder of a credit card or charge card which loan or extension of credit is accessed in connection with a credit card or charge card authorized by this act.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1056, entitled
A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004).
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 12, by striking out all of subdivision (E) and inserting:
“(E) A PERSON ACTING AS AN AGENT FOR AN ENTITY DESCRIBED IN SUBDIVISION (D) TO THE EXTENT THAT THE PERSON’S ACTIONS ARE WITHIN THE SCOPE OF THAT AGENCY RELATIONSHIP.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 4:07 p.m.
4:27 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 1085
Senate Bill No. 879
Senate Bill No. 1051
Senate Bill No. 1052
Senate Bill No. 1053
Senate Bill No. 1179
Senate Bill No. 973
The motion prevailed.
Senator Kowall moved that Senator Green be excused from the balance of today’s session.
The motion prevailed.
Senate Bill No. 1085, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506.
(This bill was defeated on November 29 and the motion to reconsider the vote postponed. See Senate Journal No. 71, p. 1816.)
The question being on the motion to reconsider the vote by which the bill was defeated,
The motion prevailed.
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. 641 Yeas—23
Booher Jones Nofs Schuitmaker
Brandenburg Knollenberg O’Brien Shirkey
Casperson Kowall Pavlov Stamas
Hansen MacGregor Proos Warren
Hildenbrand Marleau Robertson Zorn
Horn Meekhof Schmidt
Nays—13
Ananich Emmons Hopgood Knezek
Bieda Gregory Hune Rocca
Colbeck Hertel Johnson Young
Conyers
Excused—2
Green Hood
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. 879, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259.
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. 642 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Green Hood
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. 1051, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104).
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. 643 Yeas—35
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hopgood Marleau Schuitmaker
Brandenburg Horn Meekhof Shirkey
Casperson Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen Knollenberg Robertson
Nays—1
Colbeck
Excused—2
Green Hood
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. 1052, entitled
A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271.
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. 644 Yeas—34
Ananich Hertel Kowall Robertson
Bieda Hildenbrand MacGregor Rocca
Booher Hopgood Marleau Schmidt
Brandenburg Horn Meekhof Shirkey
Casperson Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen Knollenberg
Nays—2
Colbeck Schuitmaker
Excused—2
Green Hood
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. 1053, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416.
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. 645 Yeas—29
Ananich Hildenbrand Kowall Proos
Bieda Hopgood MacGregor Robertson
Booher Horn Marleau Schmidt
Casperson Johnson Meekhof Shirkey
Conyers Jones Nofs Stamas
Gregory Knezek O’Brien Warren
Hansen Knollenberg Pavlov Young
Hertel
Nays—7
Brandenburg Emmons Rocca Zorn
Colbeck Hune Schuitmaker
Excused—2
Green Hood
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. 1179, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 5d (MCL 29.5d), as amended by 2006 PA 189.
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. 646 Yeas—34
Ananich Hertel Kowall Robertson
Bieda Hildenbrand MacGregor Rocca
Booher Hopgood Marleau Schmidt
Brandenburg Horn Meekhof Shirkey
Casperson Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen Knollenberg
Nays—2
Colbeck Schuitmaker
Excused—2
Green Hood
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. 973, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101.
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. 647 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Green Hood
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced
Senate Bill No. 1182, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57aa.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced
Senate Bill No. 1183, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 32d (MCL 388.1632d), as amended by 2016 PA 249.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced
Senate Bill No. 1184, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57dd.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced
Senate Bill No. 1185, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57cc.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Ananich, Hopgood, Knezek, Johnson, Bieda and Gregory introduced
Senate Bill No. 1186, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 16a.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
House Bill No. 5400, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, 5119, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, and 20201 (MCL 333.2701, 333.2705, 333.5119, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, and 333.20201), sections 2701 and 2705 as amended by 2014 PA 172, section 5119 as amended by 2016 PA 66, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, and section 20201 as amended by 2011 PA 210, and by adding sections 17211a and 17214.
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. 5748, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91.
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 Finance.
House Bill No. 5847, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 302, 352, 354, 355, 356, 358, and 367b (MCL 18.1302, 18.1352, 18.1354, 18.1355, 18.1356, 18.1358, and 18.1367b), sections 352, 354, 355, and 356 as amended by 1999 PA 8, section 358 as amended by 2014 PA 188, and section 367b as amended by 2011 PA 47; and to repeal acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No. 5876, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending sections 2a and 8 (MCL 36.2a and 36.8), section 2a as amended by 2016 PA 213 and section 8 as amended by 2011 PA 283, and by adding section 1a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security.
House Bill No. 5889, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
House Bill No. 5890, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474.
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 Agriculture.
Committee Reports
The Committee on Education reported
House Bill No. 5753, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1.
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, 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, November 29, 2016, at 12:00 p.m., Room 110, Farnum Building
Present: Senators Pavlov (C), Booher, Colbeck and Knezek Absent: None
Excused: Senator Knollenberg
The Committee on Banking and Financial Institutions reported
Senate Bill No. 1055, entitled
A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101).
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.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Banking and Financial Institutions reported
Senate Bill No. 1056, entitled
A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004).
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.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Tuesday, November 29, 2016, at 1:30 p.m., Room 100, Farnum Building
Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young
The Committee on Judiciary reported
Senate Bill No. 1067, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1080, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411x.
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.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1081, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.
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.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1109, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1170, entitled
A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1171, entitled
A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and by adding section 4.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1175, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1176, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5024, entitled
A bill to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5504, entitled
A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, November 29, 2016, at 2:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda
The Committee on Finance reported
Senate Bill No. 860, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 1162, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson and Proos
Nays: Senator Warren
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 1163, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2013 PA 233, and section 505 as amended by 2011 PA 305.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson and Proos
Nays: Senator Warren
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Tuesday, November 29, 2016, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
The Committee on Health Policy reported
House Bill No. 4235, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2617a.
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, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5326, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333a, 7422, 17708, and 17757 (MCL 333.7333a, 333.7422, 333.17708, and 333.17757), section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, and section 17757 as amended by 2014 PA 525, and by adding section 17744e.
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.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, November 29, 2016, at 12:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Shirkey (C), Hune, O’Brien, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Excused: Senator Marleau
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, November 9, 2016, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Absent: None
Excused: Senator Green
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, November 29, 2016, at 12:00 noon, Room 100, Farnum Building
Present: Senators Zorn (C), Proos and Young Absent: None
Excused: Senators Brandenburg and Rocca
Scheduled Meetings
Agriculture - Thursday, December 1, 8:30 a.m., Room 110, Farnum Building (373-5323)
Criminal Justice Policy Commission - Wednesday, December 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Energy and Technology - Thursday, December 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721)
Oversight - Thursday, December 1, 8:30 a.m., Room 100, Farnum Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 4:49 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, December 1, 2016, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
1828 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1829
1830 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1831
1832 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1833
1834 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1835
1836 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1837
1838 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1839
1840 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1841
1842 JOURNAL OF THE SENATE [November 30, 2016] [No. 72
No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1843
1844 JOURNAL OF THE SENATE [November 30, 2016] [No. 72