No. 24

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Wednesday, March 8, 2017.

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 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—excused 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

Pastor Mark Edwards of Trinity Church of Stanton offered the following invocation:

Dear Lord, we thank You for this day that You have given us and we pray that we will use it wisely, and if we don’t, even if it’s by accident, please forgive us. We thank You for giving us this most awesome state, the best one, to live in. We thank You for its beauty, its great animals, plants, waterfalls, the lakes—and an extra “thank You” for giving us the biggest ones—an awesome bridge, and no volcanoes. Our state is so cool. Thank You, God. What an awesome job You did. We thank You for our land, that we can grow so much food on it, and we pray that all of our people in our state get to eat today. We thank You for all of our leaders, and especially today our Senators. Please doubly bless them so that they can get all their work done so they can go home and see their families and that they will have enough time to play with their kids. We also pray that their kids don’t catch the flu and that they get all “A”s in school. Lord, we pray that everyone realizes how hard they work and how hard their job is, and keep people from getting mad at them for just doing what they’re supposed to do. Finally, God, we pray for this great country of ours and this world, that we can learn to get along and be better for it. In Jesus’ most holy name we pray. Amen.

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

Motions and Communications

Senators Meekhof, Green and Shirkey entered the Senate Chamber.

Senator Gregory moved that Senator Young be temporarily excused from today’s session.

The motion prevailed.

Senator Gregory moved that Senators Johnson and Hood be excused from today’s session.

The motion prevailed.

Senator Kowall moved that Senator Robertson be temporarily excused from today’s session.

The motion prevailed.

Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Marleau admittance to the Senate floor.

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

The following communication was received and read:

Office of the Auditor General

March 2, 2017

Enclosed is a copy of the following:

• Report on Internal Control, Compliance, and Other Matters for the fiscal year ended September 30, 2016.

° Michigan Public School Employees’ Retirement System (071-0152-17)

Sincerely,

Doug Ringler

Auditor General

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

The following communication was received:

Office of Senator Ian Conyers

March 7, 2017

I request that I be removed as a co‑sponsor from Senate Bill 0157.

Sincerely,

Ian Conyers

Senate District 4

The communication was referred to the Secretary for record.

The Secretary announced that the following bills were printed and filed on Tuesday, March 7, and are available at the Michigan Legislature website:

Senate Bill Nos. 214 215 216 217 218 219

House Bill Nos. 4308 4309 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320 4321

4322 4323 4324 4325 4326 4327 4328 4329

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 Colbeck 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 bill:

Senate Bill No. 34, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a.

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

Senators Robertson and Young entered the Senate Chamber.

Resolutions

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers that paid into the fund.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Concurrent Resolution No. 8.

A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent solution for handling high-level nuclear waste.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Concurrent Resolution No. 9.

A concurrent resolution to urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senators Schmidt, Hansen, Shirkey, MacGregor, Knezek, Bieda, Hopgood, Warren, Green, Colbeck, Young, Proos, Horn, Marleau, Casperson, Hildenbrand, Pavlov, Stamas, Hune, Gregory, Hertel, Conyers, Zorn, Jones, Knollenberg and Emmons offered the following resolution:

Senate Resolution No. 21.

A resolution recognizing March 13-19, 2017, as Aviation Week.

Whereas, We are in the 21st century, moving further into the air age and a global economy, and airport infrastructure is critical for our economy to compete in today’s marketplace; and

Whereas, Michigan’s geography as a peninsula makes aviation necessary for the fast and efficient transport of people, goods, and services; and

Whereas, Nearly 1 billion pounds of air cargo are carried into the state annually to support Michigan businesses; and

Whereas, General aviation contributes $19 billion annually to our state economy; and

Whereas, Our businesses, industries, and foreign firms need reliable runways, taxiways, and navigational systems for the conducting of their business; and

Whereas, Michigan boasts 234 public-use airports, serving over 13,550 pilots and 6,500 aircraft; and

Whereas, More than 1,000 Michigan companies, employing 1 million people, operate their own aircraft; and

Whereas, Michigan is home to 53 charter flight companies, 119 repair stations, and 66 licensed flight schools; now, therefore, be it

Resolved by the Senate, That March 13-19, 2017, be hereby recognized as Aviation Week.

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 Booher and Brandenburg were named co‑sponsors of the resolution.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:12 a.m.

10:48 a.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker.

Introduction and Referral of Bills

Senators Hildenbrand, Pavlov, Proos, Nofs, Shirkey, Casperson, Green, Horn, Colbeck, Jones, Hansen, Conyers, MacGregor, Marleau, Zorn, Robertson, Schuitmaker, Stamas, Kowall, Schmidt, Emmons, Hune and Meekhof introduced

Senate Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to recognize a right to hunt, fish, and harvest wildlife.

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

Senator Bieda introduced

Senate Bill No. 220, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 18 of chapter XVII (MCL 777.18), as amended by 2006 PA 553.

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

Senators Jones, Robertson, Hansen, Zorn and Knollenberg introduced

Senate Bill No. 221, entitled

A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a.

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

Statements

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

The motion prevailed.

Senator Warren’s statement is as follows:

I rise today to recognize International Women’s Day, a holiday that celebrates the social, economic, cultural, and political achievements of women.

Over the past half-century, we’ve made tremendous progress as a nation, including the long-fought battle for women’s suffrage and the ongoing battle for reproductive rights and health. Yet while we’ve come a long way since the days of gender oppression, progress has slowed in many places around the world, and unfortunately Michigan and the rest of the United States are not excluded from this lack of progress.

Women still experience an overwhelming wage gap. It’s hard to believe, but despite earnest efforts and a push for equal pay, the Institute for Women’s Policy Research found that this pay gap between men and women actually widened between 2014 and 2015. Gender pay inequity is estimated to cost the average female more than $500,000 compared to her male counterparts over the course of her lifetime. As more and more women are becoming the heads of households, gender discrimination doesn’t just affect women. It affects our economy and our families as a whole.

In this chamber, we have an opportunity to erase this inequitable practice. Today, women around the country are participating in a peaceful “Day Without a Woman” protest. A show of solidarity among women, today’s demonstration not only acknowledges and celebrates our progress and achievements, but it is a call to action. It’s a movement that is designed to raise awareness about the enormous value that women of all backgrounds add to our socioeconomic system, all while they continue to receive lower wages and experience greater inequities, vulnerability to discrimination, sexual harassment, and job insecurity, as compared with men.

Today, some women have chosen to refrain from their paid and unpaid work, or are refusing to shop in stores or online—with the exception of local, small businesses and women-owned businesses—while others have chosen, like I have, to wear red in solidarity. Many women from the Senate Democratic Caucus have chosen to support the protest by wearing red and sitting together in the Senate Gallery during today’s session to highlight their absence from the floor and their other duties.

So I’d like to ask my colleagues to take a moment and recognize the contributions of the women around you who are part of your lives every day because today is about unity, celebration, reflection, advocacy, and action. And with each effort, demonstration, or protest, there’s no doubt that the women’s movement continues to grow stronger, but we will only be recognized as equals across the board because all of us, women and men alike, work together.

Committee Reports

The Committee on Health Policy reported

Senate Bill No. 213, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16285 and 16287 (MCL 333.16285 and 333.16287), as added by 2016 PA 359.

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, Marleau, 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, March 7, 2017, at 12:30 p.m., Room 1100, Binsfeld Office Building

Present: Senators Shirkey (C), Hune, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood

Excused: Senator O’Brien

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Tuesday, March 7, 2017, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Pavlov (C), Knollenberg, Colbeck and Hopgood

Excused: Senator Booher

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Natural Resources submitted the following:

Meeting held on Tuesday, March 7, 2017, at 1:00 p.m., Room 405, Capitol Building

Present: Senators Green (C), Booher and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Environmental Quality submitted the following:

Meeting held on Tuesday, March 7, 2017, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Green (C), MacGregor and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Health and Human Services submitted the following:

Meeting held on Tuesday, March 7, 2017, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Nofs, Hertel and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture and Rural Development submitted the following:

Meeting held on Tuesday, March 7, 2017, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Green (C), Stamas and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, March 8, 2017, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hansen (C), Pavlov and Hopgood

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesdays, March 14 and March 21, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Community Colleges and House Community Colleges Appropriations Subcommittee - Monday, March 13, 1:00 p.m., Washtenaw Community College, Morris Lawrence Building, Room 150, 4800 E. Huron River Drive, Ann Arbor (373-2768)

General Government - Thursdays, March 16 and March 23, 8:30 a.m. and Thursday, March 9, 9:00 a.m., Room 1300, Binsfeld Office Building (373-2768)

K-12, School Aid, Education - Wednesdays, March 15, March 22 and March 29, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs - Thursday, March 9, 2:00 p.m., Room 1100, Binsfeld Office Building (373-2768)

State Police and Military Affairs - Tuesday, March 14, 8:30 a.m., Room 405 and Tuesday, March 21, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Thursdays, March 9 (CANCELED), March 16, March 23 and March 30, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Transportation - Thursday, March 9, 9:00 a.m., Room 1100, Binsfeld Office Building (373-5312)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 10:54 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 9, 2017, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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