No. 25
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Thursday, March 9, 2017.
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—excused
Green—present Kowall—present Stamas—present
Gregory—excused MacGregor—present Warren—present
Hansen—present Marleau—present Young—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Jon Terry of Living Waters Chapel of Caro offered the following invocation:
Our gracious Heavenly Father, we come before You. I come before You as a man of God, humbled that I have been chosen to pray blessings over these chosen leaders here in Lansing, Michigan. The Bible, Your word, gives us clear instructions on how all people are to treat our leadership. 1 Timothy 2, Romans 13, and 1 Peter 2 tells us to honor and pray for our leadership, so in accordance with Your word and as an ordained minister of the Gospel of Jesus Christ, I pray the following blessings over all these Senators and leaders here today.
I pray for a blessing of supernatural protection with Your righteous right hand. Not just our state, but our country is divided like never before. The only thing that can bring this nation together is not a Governor, not a Senator, not a President, not any government or even a pastor, but only the name and workings of Jesus Christ if we allow him to move. Our leaders have taken on the tough task of running this state and it’s not easy. I further pray they find comfort in Philippians 4:13, where we are told we can do all things through Christ who strengthens us. I pray for a blessing of wisdom for these leaders. Your word tells us in Proverbs 3, “Blessed are those who find wisdom,” and true wisdom can only come from You. I pray a blessing of guidance on all these leaders, guidance they can only truly find in You, Jesus, and Your word. I further pray that they look to Your word, the Bible, for guidance, not their constituents and not their political party, because in Your eyes, there is no such thing as a Democrat, Republican, or Independent. You came and You died for all mankind.
Lord Jesus, I ask that these chosen, set-apart leaders would be obedient to Your word before they are obedient to the laws of this land. If the law of this land is contrary to the written word, God, I pray that You convict their hearts and they make the corrections as necessary. I pray that they stand, defend, and speak for the unborn. I pray they stand, defend, and speak for Your definition of covenant marriage. I also pray that these chosen leaders will run to You and find hope, peace, and safety in the shadow of Your wings. Our hope, Lord Jesus, is built on nothing else, nothing less than Your precious blood and righteousness.
In closing, our Lord, we are living in dark times. We are living in times when our Senators, Governors, leaders, and our Presidents are attacked from left and right. I believe, according to Your word Heavenly Father, that government is biblical. We, of course, are flawed. I believe that this state’s government can be a light in the dark times if they stop legalizing sin and start honoring the written, infallible word of God. I pray they seek You, Jesus, for guidance on issues dealing with this state, our counties, cities, villages, and the people of the great state of Michigan.
We ask all this in the matchless Name above all names, the King above all kings, the Judge above all judges, the Lord above all lords, our Lord and Savior, Jesus Christ. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Ananich and Green entered the Senate Chamber.
Senator Kowall moved that Senator Shirkey be excused from today’s session.
The motion prevailed.
Senator Young moved that Senator Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Young moved that Senators Gregory and Hood be excused from today’s session.
The motion prevailed.
The following communication was received:
Office of Senator Mike Green
March 7, 2017
At your earliest opportunity, I respectfully request to have my name removed as a co‑sponsor on Senate Bill 157 of 2017.
Thank you for your prompt attention to this matter.
Sincerely,
Mike Green
State Senator, 31 District
The communication was referred to the Secretary for record.
The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, March 8, and are available at the Michigan Legislature website:
Senate Bill Nos. 220 221
Senate Joint Resolution G
House Bill Nos. 4330 4331 4332 4333 4334 4335 4336 4337
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Casperson, Nofs and Stamas admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Nofs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Nofs’ statement is as follows:
Today I have an unenviable task of saying goodbye to a member of the Nofs team who will be leaving the team and who has been with us for a long time. I rise today to ask for your help in thanking Greg Moore for more than a decade of service to the Legislature and the citizens of our great state.
I have been lucky enough to work with Greg for over 20 years, beginning when I was a newly-elected Calhoun County Board of Commissioners chairperson. We had a vacancy on the board and I had the opportunity to select Greg Moore to fill it. It was one of the best decisions of my elected official career. Greg succeeded me as the board chair, and after my first term in the House, he joined my staff in Lansing as Legislative Director. He has always been an intelligent and resourceful professional, traits that serve him well and have been vital to my success in the Legislature.
Greg is not one to brag about his accomplishments being a member of the team, so I’m going to do it for him today. During our time together, we have worked on four major pieces of legislation that I am particularly proud of, and I would not have been successful on those pieces of legislation without him. In the House, we tackled comprehensive re-writes of the Michigan Telecommunications Act and we also did the energy policy of 2008. On the Senate side, we completed a long overdue update to the Protection of Underground Facilities Act—better known as MISS DIG—which Elaine Tycocki had told us was a done deal, they’d been working on it for three years, and it was going to be smooth as heck. Well, three years later, we finally got that piece of legislation done. In case anyone has forgotten, the other big piece we have done—which we just did last year—was another piece of energy policy legislation.
So with those successes, and there are many, many more—we could be here all day—but I’m going to start talking about Greg Moore, the person, and not all of his work and his ethics and his professionalism that he displays each and every day and all of you have seen. I want to tell you a couple of stories about Greg and I and our careers that I think will be fun for all of us. Back in 2005, when we were doing the Michigan Telecommunications Act, Greg had been here for probably four or five months and just getting started. If you remember that bill—and a lot of you were there—it was a full-employment bill for all the lobbyists in town. They were all out in the hallway in front of the House Chamber and I had been out there towards the end. We were getting ready to vote and I was still trying to work on Members of the House of Representatives to get their support and with leadership, and I was busy. I had gone out to the hallway and I was just bombarded. Everybody and their brother had another amendment they wanted to do. I just shook my head and grabbed them and took them back to my desk on the House floor. Greg looked at me and said, “What’s wrong?” I said, “Oh my God, I don’t think we’re ever going to get done with this thing.” So Greg said, “Give me those things.” He decided to go out and slay the dragon in the hallway. He had about eight or nine different amendments. I wasn’t there so I don’t know exactly what happened, but here’s what I heard from a lot of the different individuals on what actually happened out in the hallway. It was packed out there. Greg decided to go up the stairs just a little bit, you know, where the stairs are just off the lobby. He stood there and said, “Hey, I want your attention for a minute. I’ve got a few amendments I want to talk to you about. I understand everybody’s in agreement with them.” He read off the first one, told them what it was, and said, “Anybody got a problem with that?” Oh my God, the hands went up and everybody went nuts and said, “No, I don’t want that.” My understanding was that Greg took the amendment, gave it to the author of the amendment who wanted it, and said to the other group, “You come over here in this corner, and you guys work it out and let us know when you get that done.” He did that nine different times out there in those five minutes. He came back into the House and talked to me and said, “Boss, I’ve got it all taken care of. The amendments are done.” I said, “What are you talking about? What did you do?” He said, “Well, I think they’re out there fighting each other and I think they’re going to be busy for two or three days, so I think we can get this job done.”
There was another incident that Greg and I were involved in, as you know when you have someone that’s so close to you, works so hard, and gets to know you really well. This is a few years back when the Tea Party movement was just getting started. Remember this one? I started going to the meetings, they were brand new, and after I went to a couple, they weren’t real happy with me because I was—let’s be honest—a little moderate. They weren’t really excited about me and all my positions that I had. I said, you know I was thinking to myself after I got beat up a little bit, “I know Greg’s a little more conservative than I am. Maybe I’ll send him in there and see how he does.” The next month, I had Greg go and after he got done that night, he gave me a call and said, “I got it all fixed for you, boss.” I said, “Ok?” The next day, I got three or four calls from different members of the committee who said, “Don’t ever send that guy back here again. We don’t like him. We’d rather see you.” He said, “See, I told you they’d like you after I got done.”
There are other things. You know, I worked on these long pieces of legislation, so here’s another story. When you were doing these big pieces of legislation, your time is valuable, as all of you know. I would wait until 11:30 p.m. or 12:00 midnight at night, and I would sit down at the computer at home in my computer room and go through my e-mails and try to address some constituent concerns—something we all do every day—trying to get it done and push some stuff that needs follow-up to staff—who are up here with me—they used to get it about 3:00 a.m. The first time I ever did that, it was about 3 a.m., I sent a couple to Greg Moore. It wasn’t two minutes and I got a response from Greg Moore: “Hey boss, I got the answer for you. I’ll have it here in two minutes and you’ll be all set.” I said, “What the heck are you doing? It’s 3 a.m. I’ve got to pick you up in four hours. Get your butt to sleep because we have to go to work tomorrow.” He said, “Ok. I just wanted to let you know I’m on the job 24/7.”
There are other things about Greg I’d like to go into. There was one time at the Knight Cap, I’m going to tell this story. Sorry, it’s my turn. Do you remember the guy who used to be the maître d’ there? He was an older gentleman, man, he knew his stuff, and he knew his food. You’d sit down and he never had a pen or pencil. He took all your orders into his head. He’d come back and give you the appetizer and everything else. Things were going fine when we came out to dinner. Greg’s a beef guy, so every time we go somewhere, he eats beef. He just gets beef. We got their beautiful filet, the best piece of meat you could get there. The guy brings our dinners out to us and starts putting them around, and he says, “Sir, you want to check that steak of yours and let me know how it is and make sure it’s perfect.” Greg says, “I will, as soon as you get me some ketchup.” The guy looked at him—you remember this guy—he’s like, “Ketchup?” “Yeah, I need some ketchup.” He goes and gets ketchup and brings it back and he’s standing next to Greg—we’re in one of those circle booths and Greg was sitting on the end—and Greg takes that bottle of ketchup and just smothers that steak, drowns it. You can’t see the piece of meat anymore. He cuts into it, takes a bite, and said, “Sir, it’s perfect.”
We could go on and on, we’ve had so much fun. It’s been 20 years, and 20 years has really flown by. I’m happy for Greg and his opportunity to tackle new challenges, but also very, very sad to see my friend go. He really is like a younger brother to me; yes, he is younger than I am. I taught him a lot and he’s taught me a lot, as brothers always do. He is irreplaceable in my mind as a member of our team whose leadership, professionalism, quick wit, and, yes, his sense of humor—I think you all have experienced that—will truly be missed. Before I give the tribute and close this out, I want to invite everybody over to please join us at 11:30 a.m., if we’re done here by then, for a reception for Greg, honoring him in the Boji Tower on the first floor in the committee room.
With that, Greg, I want to say thank you so much for your years of service to the people of the 62nd District in the House of Representatives, the people of the 19th Senate District, and to the reputation that you and I built on how to get things done and do it proper and still have friends when it’s over. You are just unbelievable and you are truly going to be missed. You are a true, dear friend and 20 years has just gone too fast. Good luck to you and I appreciate everything you’ve done for the people of the state of Michigan.
Senator Johnson entered the Senate Chamber.
The Assistant President pro tempore, Senator O’Brien, assumed the Chair.
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. 126
Senate Bill No. 158
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The following message from the Governor was received on March 8, 2017, and read:
EXECUTIVE ORDER
No. 2017-1
Michigan Homeland Protection Board
Department of State Police
Rescission of Executive Order 2009-52
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, under Section 8 of Article V of the Michigan Constitution of 1963 each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution; and
WHEREAS, it is necessary and proper to undertake all prudent measures to prevent, protect, mitigate, respond to, and recover from all hazards, including terrorist attacks or threats, and to maintain peace and good order; and
WHEREAS, there is a continuing need to assess and evaluate the security of the state of Michigan and to assure that all departments and agencies are communicating and coordinating efforts to address threats to our homeland security; and
WHEREAS, it is critical that the Governor be continuously apprised of homeland security issues and be provided the most accurate and prompt information available to ensure that all relevant factors are appropriately weighed in the development and implementation of effective and coordinated homeland security measures; and
WHEREAS, the replacement of Executive Order 2009-52 with this Order is necessary to reflect organizational changes in state government;
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. DEFINITIONS
A. “Adjutant General” means the commanding officer of the military establishment of this state under Section 300 of the Michigan Military Act, 1967 PA 150, 32.700, appointed by the Governor under Section 302 of the Michigan Military Act, 1967 PA 150, MCL 32.702.
B. “Board” means the Michigan Homeland Protection Board established by this Order.
C. “Department of Agriculture and Rural Development” means the principal department of state government created as the Department of Agriculture under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275 and renamed the Department of Agriculture and Rural Development by Executive Order 2011-2, MCL 285.11.
D. “Department of Civil Rights” means the principal department of state government created by Section 475 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.575.
E. “Department of Environmental Quality” means the principal department of state government created by Executive Order 2011-1, MCL 324.99921.
F. “Department of Health and Human Services” means the principal department of state government created by Executive Order 2015-4, MCL 400.227.
G. “Department of Natural Resources” means the principal department of state government created by Executive Order 2011-1, MCL 324.99921.
H. “Department of State Police” means the principal department of state government created by Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.
I. “Department of Technology, Management and Budget” means the principal department of state government created as the Department of Management and Budget under Section 121 of the Management and Budget Act, 1984 PA 431, MCL 18.1121, as amended by Executive Order 2001-3, MCL 18.41 and renamed the Department of Technology, Management and Budget by Executive Order 2009-55, MCL 18.441.
J. “Department of Transportation” means the principal department of state government created by Section 350 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.450.
II. RESCISSION OF EXECUTIVE ORDER 2009-52
A. Executive Order 2009-52 is rescinded in its entirety.
B. This Order shall not have the effect of reestablishing any portion of previously rescinded Executive Orders.
III. MICHIGAN HOMELAND SECURITY ADVISOR
A. The position of Homeland Security Advisor is created within the Michigan Department of State Police and shall be the Director of the Department of State Police, or his or her designee, and shall serve at the pleasure of the Governor.
B. The Homeland Security Advisor shall be the chief advisor to the Governor and other department directors and agency heads regarding the development of policies, programs, and procedures to protect, enhance, and manage Michigan’s homeland security.
C. The Homeland Security Advisor shall serve as the Michigan representative on national level homeland security boards and committees, as appropriate, or shall appoint a qualified representative from within the Executive Branch of state government.
IV. CHARGE TO THE HOMELAND SECURITY ADVISOR
A. The mission of the Homeland Security Advisor is to act as the Governor’s liaison with all state, local, tribal, federal, and international agencies, as well as private entities, to develop and coordinate the implementation of a comprehensive state strategy to secure the state of Michigan from terrorist threats or attacks.
B. The Homeland Security Advisor shall perform the functions necessary to carry out this mission, including coordination of the assessment, development, and evaluation of the Executive Branch’s plans for the prevention, protection, mitigation, response, and recovery from terrorist threats or attacks.
C. In performing the assigned functions, the Homeland Security Advisor shall work with governmental agencies and private entities, as appropriate, to do all of the following:
1. Coordinate efforts to prevent, protect against, and mitigate the consequences of emergencies and disasters, including terrorist threats or attacks.
2. Coordinate efforts to protect this state and its vital resources and critical infrastructure from terrorist threats or attacks, using an all-hazards approach.
3. Coordinate the development of policies to respond to and promote recovery from emergencies and disasters, including terrorist threats or attacks.
D. The Homeland Security Advisor shall coordinate a periodic review and assessment of the legal authorities available to the Governor, departments, and agencies to permit them to perform necessary functions related to homeland security efforts.
V. MICHIGAN HOMELAND PROTECTION BOARD
A. The Michigan Homeland Protection Board is created as an advisory body to the Homeland Security Advisor.
B. The Board shall develop, implement, and revise as needed, an effective and coordinated homeland security strategy. The Board shall refine and update this state’s domestic preparedness and homeland security strategies and shall continue to strengthen this state’s capabilities to prevent, protect against, mitigate, respond to, and recover from, all threats and hazards.
C. The Homeland Security Advisor shall be a member of the Board and shall serve as its Chairperson.
D. The other members of the Board shall be the Adjutant General, the Director of the Michigan Department of Agriculture and Rural Development, the Director of the Michigan Department of Civil Rights, the Director of the Michigan Department of Environmental Quality, the Director of the Michigan Department of Health and Human Services, the Director of the Michigan Department of Natural Resources, the Director of the Michigan Department of Technology, Management and Budget, and the Director of the Michigan Department of Transportation, or their designees.
E. The Board may adopt procedures consistent with Michigan law and this Order governing its organization and operations.
F. The Chairperson may appoint additional state agency directors to participate on the Board, or make other organizational changes to the Board as may be administratively necessary to accommodate organizational or structural changes within state government, or to address specific needs of the Board, or as requested by the Governor to accomplish the objectives assigned to the Board.
G. The Board may establish such committees, subcommittees, and workgroups as it deems necessary.
H. The Board shall meet at the call of the Chairperson, or at the request of the Governor, and as outlined in any procedures adopted by the Board.
I. The Board may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public. Subject to available funding, the Board may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.
VI. DEPARTMENT OF STATE POLICE
A. As required by the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421:
1. The Director of the Department of State Police, or his or her designee, shall serve as the State Director of Emergency Management and Homeland Security.
2. The Emergency Management and Homeland Security Division within the Department of State Police shall coordinate this state’s emergency management activities for all emergencies and disasters.
3. The commanding officer of the Emergency Management and Homeland Security Division shall serve as the Deputy State Director of Emergency Management and Homeland Security.
4. All state departments and agencies shall cooperate with activities and requests from the Emergency Management and Homeland Security Division of the Department of State Police.
B. The State Director of Emergency Management and Homeland Security shall direct homeland security response activities under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421.
C. The Emergency Management and Homeland Security Division of the Department of State Police shall serve as the central point for emergency and disaster response activities to ensure that all actions are carried out in a coordinated manner.
VII. MISCELLANEOUS
A. The Director of the Michigan Department of State Police shall make internal organizational changes within the Michigan Department of State Police as may be administratively necessary to implement this Order and to assure that the Governor is provided timely and accurate information and advice regarding homeland security matters and policy.
B. Departments and agencies shall, to the extent permitted by law, make available to the Director of the Michigan Department of State Police all information related to any potential threats, hazards, or terrorist activities. The Director of the Department of State Police shall encourage and invite the participation of local governments and private entities as appropriate.
C. Departments and autonomous agencies shall actively support the Michigan Homeland Protection Board by:
1. Assigning key personnel at the request of the Director of the Michigan Department of State Police or the Deputy State Director of Emergency Management and Homeland Security to actively participate in the state’s homeland security efforts and to assist in the development and implementation of homeland security goals and objectives.
2. Ensuring implementation of Board goals and objectives identified as requiring action by a particular department or agency.
D. The active collaboration and frequent participation in emergency management and homeland security efforts by all department directors and autonomous agency heads will ensure that the state’s emergency management and homeland security system is effectively prepared to address all threats and hazards.
E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 8th day of March, in the Year of our Lord Two Thousand Seventeen.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Conyers 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 without amendment, the following bills:
Senate Bill No. 126, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2504a (MCL 339.2504a), as amended by 2016 PA 502.
Senate Bill No. 158, entitled
A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 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.
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.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 5, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20, and by adding section 21a to chapter XVI.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 48 Yeas—34
Ananich Hansen Knollenberg Proos
Bieda Hertel Kowall Robertson
Booher Hildenbrand MacGregor Rocca
Brandenburg Hopgood Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Zorn
Green Knezek
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—1
Young
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 6, entitled
A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending sections 2 and 4 (MCL 791.402 and 791.404), as amended by 2014 PA 466.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 49 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 7, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 50 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 8, entitled
A bill to provide for the use of evidence-based supervision practices for probation and parole supervision; to prescribe the powers and duties of certain state departments and local agencies; to require the adoption of certain rules; to regulate the use of funds by certain state departments and local agencies; and to require certain reports.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 51 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 9, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 52 Yeas—28
Booher Hildenbrand MacGregor Robertson
Brandenburg Hopgood Marleau Rocca
Casperson Horn Meekhof Schmidt
Colbeck Hune Nofs Schuitmaker
Emmons Jones O’Brien Stamas
Green Knollenberg Pavlov Warren
Hansen Kowall Proos Zorn
Nays—7
Ananich Conyers Johnson Young
Bieda Hertel Knezek
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 10, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 31b.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 53 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 11, entitled
A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 54 Yeas—34
Ananich Hertel Kowall Robertson
Booher Hildenbrand MacGregor Rocca
Brandenburg Hopgood Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Hansen Knollenberg
Nays—1
Bieda
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 12, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 13, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 55 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 15, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 56 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 16, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding chapter IIIB.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 57 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 17, entitled
A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for expenditures from the fund; and to provide for the powers and duties of certain state and local governmental officers and entities.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for use of the fund; to provide for the powers and duties of certain state and local governmental officers and entities; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 58 Yeas—28
Booher Hildenbrand MacGregor Robertson
Brandenburg Horn Marleau Rocca
Casperson Hune Meekhof Schmidt
Colbeck Johnson Nofs Schuitmaker
Emmons Jones O’Brien Stamas
Green Knollenberg Pavlov Warren
Hansen Kowall Proos Zorn
Nays—7
Ananich Conyers Hopgood Young
Bieda Hertel Knezek
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 18, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 84.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 59 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 19, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 60 Yeas—34
Ananich Hansen Knollenberg Proos
Bieda Hertel Kowall Robertson
Booher Hildenbrand MacGregor Rocca
Brandenburg Hopgood Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek
Nays—1
Warren
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 20, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 21, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2015 PA 9.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 61 Yeas—34
Ananich Hansen Kowall Robertson
Bieda Hertel MacGregor Rocca
Booher Hildenbrand Marleau Schmidt
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Horn Nofs Stamas
Colbeck Hune O’Brien Warren
Conyers Johnson Pavlov Young
Emmons Jones Proos Zorn
Green Knezek
Nays—1
Knollenberg
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 22, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 62d.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 62 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 23, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3, 771A.4, 771A.5, and 771A.6), as added by 2012 PA 616, and by adding a heading for chapter XIA.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 63 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 24, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1086.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 50, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 65j.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 213
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
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.
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. 64 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The President pro tempore, Senator Schuitmaker, assumed the Chair.
The following bill was read a third time:
Senate Bill No. 129, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115, and 324.63201), section 3118 as amended by 2015 PA 82, section 9115 as amended by 2011 PA 214, and section 63201 as added by 2004 PA 449, and by adding part 634.
The question being on the passage of the bill,
Senator Warren offered the following amendment:
1. Amend page 16, following line 22, by inserting:
“(F) A DESCRIPTION OF THE GEOCHEMISTRY OF THE WASTE ROCK, OVERBURDEN, PERIPHERAL ROCK, AND TAILINGS, INCLUDING CHARACTERIZATION OF LEACHABILITY AND REACTIVITY.” and relettering the remaining subdivision.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Young requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 65 Yeas—11
Ananich Hertel Knezek Warren
Bieda Hopgood Rocca Young
Conyers Johnson Schuitmaker
Nays—24
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand MacGregor Proos
Casperson Horn Marleau Robertson
Colbeck Hune Meekhof Schmidt
Emmons Jones Nofs Stamas
Green Knollenberg O’Brien Zorn
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: Schuitmaker
Senator Warren offered the following amendments:
1. Amend page 16, line 23, by striking out all of subsection (4) and renumbering the remaining subsections.
2. Amend page 17, line 4, after “SUBSECTION” by striking out “(6)” and inserting “(5)”.
3. Amend page 17, line 7, after “SUBSECTION” by striking out “(5)” and inserting “(4)”.
4. Amend page 17, line 11, after “SUBSECTION” by striking out “(5)” and inserting “(4)”.
5. Amend page 17, following line 13, by inserting:
“(6) WITHIN 42 DAYS AFTER AN APPLICATION FOR A MINING PERMIT IS DETERMINED TO BE ADMINISTRATIVELY COMPLETE, THE DEPARTMENT SHALL HOLD A PUBLIC MEETING ON THE APPLICATION. THE DEPARTMENT SHALL GIVE NOTICE OF THE PUBLIC MEETING NOT LESS THAN 14 OR MORE THAN 28 DAYS BEFORE THE DATE OF THE PUBLIC MEETING. THE NOTICE SHALL SPECIFY THE TIME AND PLACE OF THE PUBLIC MEETING, WHICH SHALL BE HELD IN THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED, AND SHALL INCLUDE INFORMATION ON HOW TO REVIEW A COPY OF THE APPLICATION. THE NOTICE SHALL BE GIVEN IN WRITING TO THE CITY, VILLAGE, OR TOWNSHIP AND THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED AND TO ALL AFFECTED FEDERALLY RECOGNIZED INDIAN TRIBES IN THIS STATE. THE NOTICE SHALL ALSO BE GIVEN BY PUBLICATION IN A NEWSPAPER OF LOCAL DISTRIBUTION IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED.
(7) THE DEPARTMENT SHALL ACCEPT WRITTEN PUBLIC COMMENT ON THE PERMIT APPLICATION FOR 28 DAYS FOLLOWING THE PUBLIC MEETING UNDER SUBSECTION (6). WITHIN 28 DAYS AFTER THE EXPIRATION OF THE PUBLIC COMMENT PERIOD, THE DEPARTMENT SHALL REACH A PROPOSED DECISION TO GRANT OR DENY A MINING PERMIT AND SHALL ESTABLISH A TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED DECISION. THE DEPARTMENT SHALL GIVE NOTICE OF THE PUBLIC HEARING NOT LESS THAN 14 OR MORE THAN 28 DAYS BEFORE THE DATE OF THE PUBLIC HEARING. THE NOTICE SHALL BE GIVEN IN WRITING TO THE CITY, VILLAGE, OR TOWNSHIP AND THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED AND TO ALL AFFECTED FEDERALLY RECOGNIZED INDIAN TRIBES IN THIS STATE. THE NOTICE SHALL ALSO BE GIVEN BY PUBLICATION IN A NEWSPAPER OF LOCAL DISTRIBUTION IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED. THE NOTICE SHALL CONTAIN ALL OF THE FOLLOWING:
(A) A SUMMARY OF THE PERMIT APPLICATION.
(B) INFORMATION ON HOW TO REVIEW A COMPLETE COPY OF THE APPLICATION. THE APPLICATION SHALL BE MADE AVAILABLE AT A PUBLIC LOCATION IN THE AREA.
(C) A LISTING OF OTHER PERMITS AND HEARINGS THAT ARE PENDING OR ANTICIPATED UNDER THIS ACT WITH RESPECT TO THE PROPOSED MINING OPERATION.
(D) THE TIME AND PLACE OF THE PUBLIC HEARING, WHICH SHALL BE HELD IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED.” and renumbering the remaining subsections.
6. Amend page 17, line 14, after “SUBSECTION” by striking out “(8)” and inserting “(9)”.
7. Amend page 17, line 15, after “AFTER” by striking out the balance of the line through “(6)” on line 17 and inserting “THE PUBLIC HEARING UNDER SUBSECTION (7)”.
8. Amend page 17, line 23, after “SUBSECTION” by striking out “(7)” and inserting “(8)”.
9. Amend page 19, line 8, after “TO” by striking out “(8)” and inserting “(9)”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Young requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 66 Yeas—10
Ananich Hertel Knezek Warren
Bieda Hopgood Rocca Young
Conyers Johnson
Nays—25
Booher Hildenbrand MacGregor Proos
Brandenburg Horn Marleau Robertson
Casperson Hune Meekhof Schmidt
Colbeck Jones Nofs Schuitmaker
Emmons Knollenberg O’Brien Stamas
Green Kowall Pavlov Zorn
Hansen
Excused—3
Gregory Hood Shirkey
Not Voting—0
In The Chair: Schuitmaker
Senator Casperson offered the following amendment:
1. Amend page 16, following line 22, subdivision (F), after “ANALYZED FOR” by striking out “COPPER” and inserting “PH, COPPER,”.
The amendment was adopted, a majority of the members serving 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. 67 Yeas—24
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand MacGregor Proos
Casperson Horn Marleau Robertson
Colbeck Hune Meekhof Schmidt
Emmons Jones Nofs Schuitmaker
Green Knollenberg O’Brien Stamas
Nays—11
Ananich Hertel Knezek Young
Bieda Hopgood Rocca Zorn
Conyers Johnson Warren
Excused—3
Gregory Hood Shirkey
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. 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 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. 68 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Stamas
Colbeck Hune Nofs Warren
Conyers Johnson O’Brien Young
Emmons Jones Pavlov Zorn
Green Knezek Proos
Nays—0
Excused—3
Gregory Hood Shirkey
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 Bieda, Gregory, Hertel, Young and Conyers introduced
Senate Joint Resolution H, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 21a to article V, to provide for the filling of a vacancy in the office of lieutenant governor.
The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.
Senators Bieda, Jones, Hune and Hertel introduced
Senate Bill No. 222, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 335 (MCL 750.335), as amended by 2002 PA 672.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Jones, Schuitmaker, Hertel and Nofs introduced
Senate Bill No. 223, entitled
A bill to require the creation and maintenance of certain law enforcement officer personnel records; to prescribe the information that may be contained in the personnel records; to permit law enforcement officers to review the personnel records; and to provide for immunity from civil liability to law enforcement agencies in certain circumstances.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Jones introduced
Senate Bill No. 224, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2558 (MCL 600.2558), as amended by 2002 PA 429.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Jones introduced
Senate Bill No. 225, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2014 PA 431.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Jones introduced
Senate Bill No. 226, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2012 PA 558.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Ananich, Bieda, Hertel and Hopgood introduced
Senate Bill No. 227, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of part 27 and by adding section 2711.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Schmidt, Bieda, Marleau and Nofs introduced
Senate Bill No. 228, entitled
A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 10a (MCL 290.650a), as amended by 2002 PA 13, and by adding section 4b.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Committee Reports
The Committee on Judiciary reported
Senate Joint Resolution F, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 19 of article VI, to eliminate the age limitation from eligibility criteria for judicial office.
With the recommendation that the joint resolution be adopted.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda
Nays: None
The joint resolution was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 200, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.
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 and Bieda
Nays: Senator Colbeck
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 201, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f.
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 and Bieda
Nays: Senator Colbeck
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 207, entitled
A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 6c (MCL 28.6c).
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, March 7, 2017, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda
The Committee on Regulatory Reform reported
Senate Bill No. 126, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2504a (MCL 339.2504a), as amended by 2016 PA 502.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 158, entitled
A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 203, entitled
A bill to create the lawful internet gaming act; to impose requirements for persons to engage in internet gaming; to create the division of internet gaming; to provide for the powers and duties of the division of internet gaming and other state governmental officers and entities; to impose fees; to impose a tax on the conduct of licensed internet gaming; to create the internet gaming fund; to prohibit certain acts in relation to internet gaming and to prescribe penalties for those violations; to require the promulgation of rules; and to provide remedies.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Hune, Warren and Hertel
Nays: Senator MacGregor
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 204, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Hune, Warren and Hertel
Nays: Senator MacGregor
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 205, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as amended by 2016 PA 272.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Hune, Warren and Hertel
Nays: Senator MacGregor
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Wednesday, March 8, 2017, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Judiciary submitted the following:
Meeting held on Tuesday, March 7, 2017, at 9:00 a.m., Room 1200, Binsfeld Office Building
Present: Senators Proos (C), Schuitmaker and Young
COMMITTEE ATTENDANCE REPORT
The Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Wednesday, March 8, 2017, at 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor and Hertel
Excused: Senator Gregory
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., 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)
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 16, March 23 and March 30, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Finance - Tuesday, March 14, 2:30 p.m., Room 1100, Binsfeld Office Building (373-5312)
Judiciary - Tuesday, March 14, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:46 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, March 14, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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