No. 29
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Tuesday, March 21, 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 Assistant 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—excused 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—excused
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Jim Pollard of Forest Hills Presbyterian Church of Cascade Township offered the following invocation:
Dear wise and loving God, first let me say “thank You” on behalf of all who are gathered here today. Thank You for Your many and abundant blessings. Thank You for life itself and for the measure of health we need to fulfill our callings and for sustenance and for friendship. Thank You for the ability to be involved in useful work and for the honor of bearing appropriate responsibilities.
In the Scriptures, You have said that citizens ought to obey the governing authorities since You have established those very authorities to promote peace and order and justice. Therefore, I pray for our leaders in government, for the various levels of statewide officials who have been elected to serve this great state. In particular for this assembled group this morning, I am asking that You would graciously grant them wisdom to govern amid the conflicting interests and issues of our times. Grant them a sense of the welfare and true needs of our people here in Michigan, a keen thirst for justice and rightness, not looking to self-interest but to the interests of those they serve. Grant them confidence in what is good and fitting for all people and the ability to work together in harmony, even when there is honest disagreement. Lord, grant them personal peace in their lives and joy in their task.
It is in Your most blessed name I pray. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Kowall moved that Senator Casperson be excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senators Hood, Johnson and Young be excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Ananich, MacGregor and Proos admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator MacGregor asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator MacGregor’s statement is as follows:
Good morning, colleagues. Today I rise in support of Senate Resolution No. 23. This resolution designates today, March 21, 2017, as Hunger Solutions Day in Michigan. Throughout our state, the Food Bank Council of Michigan and local food banks work to collect and distribute food and needed resources to thousands of families and children who face hunger in their households.
With me today are Ken Estelle of Feeding America West Michigan; Gerry Brisson, the board chair of the Food Bank Council of Michigan and Executive Director of Gleaners Food Bank; and Dr. Phil Knight, the Executive Director of the Food Bank Council of Michigan. Together, the Food Bank Council of Michigan and Michigan food banks are making a difference in our communities. They set a positive example for us all, and Michiganders should be proud of these efforts to bring food security to so many in need.
I thank you for your support to designate today as Hunger Solutions Day in our great state.
The following communications were received and read:
Office of the Senate Majority Leader
March 20, 2017
I respectfully request you hold a hearing on Brad Jacobsen’s appointment to the Michigan Liquor Control Commission and report your findings to the Senate Government Operations Committee.
If you have any questions regarding this matter, please do not hesitate to contact me.
March 20, 2017
I respectfully request you hold a hearing on Aric Nesbitt’s appointment as Lottery Commissioner and report your findings to the Senate Government Operations Committee.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Arlan Meekhof
30th Senate District
Senate Majority Leader
The communications were referred to the Secretary for record.
The following communications were received:
Office of Senator Steven M. Bieda
March 16, 2017
Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 246 which was introduced on March 15, 2017, by Senator Tonya Schuitmaker and is currently in the Senate Government Operations Committee.
March 16, 2017
Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 247 which was introduced on March 15, 2017, by Senator Rick Jones and is currently in the Senate Government Operations Committee.
Sincerely,
Steve Bieda
State Senator
9th District
The communications were referred to the Secretary for record.
The following communication was received:
Office of Senator John Proos
March 20, 2017
I would like to co‑sponsor Sen. Gregory’s bill, SB 89, which would provide a one-time tax incentive for businesses who hire unemployed veterans in an attempt to give veterans an opportunity to use their talents to get back on their feet, as well as lower taxes for small businesses.
Truly,
John Proos
State Senator
21st District
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 16:
House Bill Nos. 4063 4064 4077 4137 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157
The Secretary announced that the following bills were printed and filed on Thursday, March 16, and are available at the Michigan Legislature website:
Senate Bill Nos. 248 249 250 251
House Bill Nos. 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:08 a.m.
10:24 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Messages from the Governor
The following message from the Governor was received on March 16, 2017, and read:
EXECUTIVE ORDER
No. 2017-2
Creation of the
Child Lead Exposure Elimination Commission
Department of Health and Human Services
Abolishment of the Child Lead Poisoning Elimination Board
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and
WHEREAS, the Child Lead Poisoning Elimination Board was created as a temporary commission under Section 4 of Article V of the Michigan Constitution by Executive Order 2016-9 to make recommendations concerning the elimination of child lead poisoning; and
WHEREAS, apart from assisting in the transition to the permanent commission created by this Order, the Child Lead Poisoning Elimination Board successfully completed its duties by issuing a final report on November 4, 2016 (“the Report”); and
WHEREAS, in the Report, the Child Lead Poisoning Elimination Board recommended that a permanent commission be created to coordinate all efforts to eliminate child lead exposure throughout the state; and
WHEREAS, it is necessary to create a permanent commission to ensure the successful implementation of the recommendations set forth in the Report and to monitor progress toward reaching the ultimate goal of eliminating child lead exposure in Michigan; and
WHEREAS, eliminating the risk of child lead exposure requires the coordination of all elimination efforts throughout the state and collaboration with stakeholders;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION OF THE CHILD LEAD EXPOSURE ELIMINATION COMMISSION
A. The Child Lead Exposure Elimination Commission (“the Commission”) is established in the Department of Health and Human Services (“the Department”).
B. All of the authority, powers, duties, functions, responsibilities, and records of the Child Lead Poisoning Elimination Board created by Executive Order 2016-9 are transferred to the Commission created by this Order.
C. The Commission shall be composed of fifteen (15) voting members, including ten (10) members appointed and serving at the pleasure of the Governor. Of the initial appointments to the Commission, four (4) shall serve one-year terms, three (3) shall serve two-year terms, and three (3) shall serve three-year terms. After the expiration of the initial appointments, members of the Commission appointed by the Governor shall serve terms of four years.
D. The members of the Commission appointed by the Governor should include a representative of local government, a member of academia representing the research and technology community, a member of a local health department, a member with a background in early childhood education and development, a member with a background in child and family support, a physician, two members representing organizations that focus on lead exposure advocacy, and two members of the general public.
E. In addition to the members appointed by the Governor, the Commission shall also include:
• The Chief Medical Executive, established by Executive Order 2016-19.
• The Director of the Department of Health and Human Services, or his or her designee;
• The Director of the Department of Environmental Quality, or his or her designee;
• The Director of the Department of Licensing and Regulatory Affairs, or his or her designee; and
• The Executive Director of the Michigan State Housing Development Authority, or his or her designee.
F. The Chief Medical Executive shall serve as the chairperson of the Commission. The Commission may elect other officers from its members as the Commission considers appropriate.
G. A vacancy on the Commission occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. A member may continue to serve beyond his or her term until a successor is appointed. A member may serve successive terms if reappointed.
H. The Commission shall be administered under the supervision of the Department. The Commission shall exercise its prescribed powers, duties, and functions independently of the Director of the Department. All budgeting, procurement, and related management functions of the Commission shall be performed under the direction and supervision of the Department.
II. CHARGE TO THE COMMISSION
A. The Commission shall act in an advisory capacity to the Governor and to the Director of the Department and shall do all of the following:
1. Coordinate and collaborate with all levels of government and stakeholders regarding programs and policies related to the elimination of child lead exposure.
2. Provide guidance to the Governor and the Director of the Department regarding the state’s coordination of all efforts to eliminate child lead exposure throughout the state.
3. Work with the Child Lead Poisoning Elimination Board and stakeholders to prioritize the recommendations made in the Report.
4. Develop an action plan to implement the recommendations in the Report and other initiatives developed by the Commission.
5. Provide guidance to the Governor and the Director of the Department regarding the implementation of the Commission’s action plan for the elimination of child lead exposure.
6. Monitor progress toward reaching the ultimate goal of eliminating child lead exposure in Michigan and advise the Governor and the Department as to the progress of implementing the Commission’s action plan.
7. Continue to maintain and expand the master inventory of resources and programs related to the prevention of child lead exposure created by the Child Lead Poisoning Elimination Board.
B. The Commission shall issue an annual report to the Governor outlining the progress of the issues addressed in Section II and providing recommendations for any further action.
III. OPERATIONS OF THE COMMISSION
A. The Commission shall be assisted by personnel from the Department.
B. The Commission may hold public hearings as necessary and appropriate to gather information from the general public.
C. In addition to seeking information from the general public, the Commission shall seek input from individuals or groups that have an interest in the elimination of child lead exposure including, but not limited to:
• The medical community;
• The lead safety community;
• All levels of government;
• Families;
• Property owners and contractors;
• Realtors;
• The business community;
• Civic organizations;
• Advocacy organizations; and
• Any other interested individuals or groups concerned with the elimination of child lead exposure that the Department or the Commission determines necessary.
D. Members of the Commission shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes, rules, and procedures of the Department, subject to available appropriations.
E. Members of the Commission shall refer all legal, legislative, and media contacts to the Department.
IV. MISCELLANEOUS
A. The Child Lead Poisoning Elimination Board created by Executive Order 2016-9 is abolished effective October 1, 2017. Until then, the Child Lead Poisoning Elimination Board shall assist the Commission in prioritizing the recommendations set forth in the Report. A person may simultaneously serve on the Commission and the Child Lead Poisoning Elimination Board.
B. Any suit, action, or other proceeding lawfully commenced prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
C. 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 Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 16th day of March, in the Year of our Lord Two Thousand and 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.
The following messages from the Governor were received and read:
March 6, 2017
I respectfully submit to the Senate the following appointments to office:
Child Lead Exposure Elimination Commission
Christine M. Callahan of 13098 Speckledwood Drive, DeWitt, Michigan 48820, county of Clinton, representing a member with a background in early childhood education and development, is appointed for a term expiring December 15, 2017.
Mary A. Challiss of 6602 Clark Road, Bath, Michigan 48808, county of Clinton, representing a member with a background in child and family support, is appointed for a term expiring December 15, 2017.
Paul E. Haan of 420 Sweet Street, N.E., Grand Rapids, Michigan 49505, county of Kent, representing an organization that focuses on lead exposure advocacy, is appointed for a term expiring December 15, 2018.
Mona Hanna-Attisha of 2133 Lawndale Avenue, West Bloomfield, Michigan 48323, county of Oakland, representing physicians, is appointed for a term expiring December 15, 2019.
Jeffrey W. Harthun of 10133 Potter Road, Bear Lake, Michigan 49614, county of Manistee, representing the general public, is appointed for a term expiring December 15, 2017.
Rebecca Meuninck of 3115 Oakwood Street, Ann Arbor, Michigan 48104, county of Washtenaw, representing an organization that focuses on lead exposure advocacy, is appointed for a term expiring December 15, 2018.
Tina M. Reynolds of 2898 Colony Drive, East Lansing, Michigan 48823, county of Ingham, representing the general public, is appointed for a term expiring December 15, 2019.
William J. Ridella of 13124 E. Outer Drive, Detroit, Michigan 48224, county of Wayne, representing a local health department, is appointed for a term expiring December 15, 2017.
Thomas L. Thompson of 2405 Placid Way, Ann Arbor, Michigan 48105, county of Washtenaw, representing the research and technology community, is appointed for a term expiring December 15, 2018.
Alan G. Vanderberg of 1033 Luce Street, S.W., Grand Rapids, Michigan 49534, county of Ottawa, representing local government, is appointed for a term expiring December 15, 2019.
March 6, 2017
I respectfully submit to the Senate the following appointments to office:
Corn Marketing Program of Michigan
Thomas R. Durand of 1725 Aitken Road, Croswell, Michigan 48422, county of Sanilac, representing District 7 growers, succeeding himself, is reappointed for a term expiring March 5, 2020.
Matthew M. Holysz of 445 W. XY Avenue, Vicksburg, Michigan 49097, county of Kalamazoo, representing District 2 growers, succeeding himself, is reappointed for a term expiring March 5, 2020.
Ned L. Wyse of 11080 Frontier Road, Camden, Michigan 49232, county of Hillsdale, representing District 3 growers, succeeding himself, is reappointed for a term expiring March 5, 2020.
March 6, 2017
I respectfully submit to the Senate the following appointment to office:
Michigan Developmental Disabilities Council
Katie F. Miller of 4069 Forest Creek Road, S.E., #2C, Kentwood, Michigan 49512, county of Kent, representing an individual with a developmental disability, is appointed for a term expiring September 30, 2020.
March 6, 2017
I respectfully submit to the Senate the following appointment to office:
Michigan Gaming Control Board
Dale P. Zahn of 14552 Twin Oaks Street, Holland, Michigan 49424, county of Ottawa, representing Republicans, succeeding Michael Watza, is appointed for a term expiring December 31, 2020.
March 6, 2017
I respectfully submit to the Senate the following appointment to office:
Investment Advisory Committee
James B. Nicholson of 222 Cloverly Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, representing the general public, succeeding himself, is reappointed for a term expiring December 15, 2019.
March 16, 2017
I respectfully submit to the Senate the following appointment to office:
Governor’s Talent Investment Board
Sharon E. Miller of 1428 Avondale Street, Sylvan Lake, Michigan 48320, county of Oakland, representing the private sector, succeeding Thomas Begin, is appointed for a term expiring April 15, 2018.
March 17, 2017
I respectfully submit to the Senate the following appointments to office:
Chair - Michigan Public Service Commission
Sally A. Talberg of 1282 Cambridge Circle, Williamston, Michigan 48895, county of Ingham, is appointed for a term expiring at the pleasure of the Governor.
Commissioner - Michigan Public Service Commission
Rachael A. Eubanks of 620 Whitehills Drive, East Lansing, Michigan 48823, county of Ingham, an Independent, succeeding herself, is reappointed for a term commencing July 3, 2017, and expiring July 2, 2023.
Norman Saari of 6160 Park Lake Road, East Lansing, Michigan 48823, county of Ingham, a Republican, succeeding Sally A. Talberg, is appointed for a term commencing March 17, 2017, and expiring July 2, 2019.
Sally A. Talberg of 1282 Cambridge Circle, Williamston, Michigan 48895, county of Ingham, an Independent, succeeding Norman Saari, is appointed for a term commencing March 17, 2017, and expiring July 2, 2021.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
The House of Representatives requested the return of
Senate Bill No. 69, entitled
A bill to amend 1984 PA 431, entitled “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 376.
Senator Kowall moved that the request of the House of Representatives be granted.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Hildenbrand introduced
Senate Bill No. 252, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Hildenbrand introduced
Senate Bill No. 253, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Green introduced
Senate Bill No. 254, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21506a (MCL 324.21506a), as amended by 2016 PA 467.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Green introduced
Senate Bill No. 255, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 303a, 401, and 601 (MCL 339.303a, 339.401, and 339.601), section 303a as amended by 2014 PA 265, section 401 as amended by 1988 PA 463, and section 601 as amended by 2016 PA 412, and by adding article 14.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators MacGregor, Hertel, Proos, Hopgood, Jones, Nofs, Shirkey and Marleau introduced
Senate Bill No. 256, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16625 (MCL 333.16625), as amended by 2005 PA 161.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Conyers, Bieda, Proos, Jones, Hertel, Hopgood, Knezek, Nofs, Gregory and Young introduced
Senate Bill No. 257, entitled
A bill to create an athletes with an intellectual disability empowerment commission; and to prescribe the powers and duties of certain state agencies and officials.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senator Hildenbrand introduced
Senate Bill No. 258, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 19 (MCL 30.419), as amended by 2013 PA 110.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Hildenbrand introduced
Senate Bill No. 259, entitled
A bill to amend 1986 PA 102, entitled “An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education,” by amending sections 1, 2, 3, 4, 5, 6, 7, and 8 (MCL 390.1281, 390.1282, 390.1283, 390.1284, 390.1285, 390.1286, 390.1287, and 390.1288), section 3 as amended by 2004 PA 180.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Hildenbrand introduced
Senate Bill No. 260, entitled
A bill to amend 2015 PA 45, entitled “Higher education authorization and distance education reciprocal exchange act,” by amending section 7 (MCL 390.1697).
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Hertel, Conyers, Jones, Horn, Schmidt, Rocca, Brandenburg, Bieda, Proos, Hopgood, Knezek, Nofs, MacGregor, Marleau, Hune and Schuitmaker introduced
Senate Bill No. 261, entitled
A bill to create the child abuse offenders registry; to prescribe the powers and duties of certain departments and agencies in connection with that registry; and to prescribe penalties and sanctions.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jones, Hertel, Conyers, Horn, Schmidt, Rocca, Brandenburg, Bieda, Proos, Hopgood, Knezek, Nofs, MacGregor, Marleau, Hune and Schuitmaker introduced
Senate Bill No. 262, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Schuitmaker, Hertel, Conyers, Jones, Horn, Schmidt, Rocca, Brandenburg, Bieda, Proos, Hopgood, Knezek, Nofs, MacGregor, Marleau and Hune introduced
Senate Bill No. 263, entitled
A bill to require persons convicted of certain child abuse offenses to register with the child abuse offenders registry; to prescribe the powers and duties of certain departments and agencies in connection with that registration; to prescribe fees and penalties; and to authorize certain causes of action.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Stamas, Brandenburg, Jones, Hertel, Horn, Booher, Marleau, Nofs, Zorn, Rocca, Proos, Schmidt, Hansen, Knezek and Hopgood introduced
Senate Bill No. 264, entitled
A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13, 14, and 16 (MCL 29.362, 29.363, 29.364, 29.365, 29.366, 29.367, 29.368, 29.369, 29.369a, 29.370, 29.371, 29.372, 29.373, 29.374, and 29.376), sections 2, 13, and 14 as amended by 2016 PA 405, sections 3, 4, 5, 8, and 11 as amended by 2006 PA 213, section 6 as amended and section 9a as added by 1980 PA 10, and section 9 as amended by 2015 PA 203, and by adding sections 9b and 11a.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Stamas, Brandenburg, Jones, Hertel, Horn, Booher, Zorn, Rocca, Proos, Schmidt, Hansen, Knezek and Hopgood introduced
Senate Bill No. 265, entitled
A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 11 (MCL 28.461), as amended by 2013 PA 65.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Horn, Jones, Rocca, Proos, Hertel, Zorn, Knezek, Hansen and Colbeck introduced
Senate Bill No. 266, 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.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 4063, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 43a.
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 Judiciary.
House Bill No. 4064, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562.
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 Judiciary.
House Bill No. 4077, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 5a.
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 Government Operations.
House Bill No. 4137, 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).
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 Judiciary.
House Bill No. 4148, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482.
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 Government Operations.
House Bill No. 4149, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1 and 2 (MCL 15.231 and 15.232), section 1 as amended by 1997 PA 6 and section 2 as amended by 1996 PA 553, and by designating part 1.
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 Government Operations.
House Bill No. 4150, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2.
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 Government Operations.
House Bill No. 4151, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 54.
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 Government Operations.
House Bill No. 4152, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 55.
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 Government Operations.
House Bill No. 4153, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 56, 57, 58, and 59.
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 Government Operations.
House Bill No. 4154, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59a and 59b.
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 Government Operations.
House Bill No. 4155, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59c and 59d.
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 Government Operations.
House Bill No. 4156, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59e and 59f.
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 Government Operations.
House Bill No. 4157, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241.
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 Government Operations.
Statements
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
I would like to take a couple of minutes this morning to honor the memory of Ed Bagale. He was the retired vice chancellor of government relations with the University of Michigan - Dearborn. Ed was born on September 5, 1946, and graduated from Routt Catholic High School in Jacksonville, Illinois in 1964. He joined the University of Michigan - Dearborn staff as director of admissions in 1969. He took a leave to work as the first district director for Congressman Sander Levin in 1983, and set up that office’s community development and constituent services. Ed returned to the University of Michigan - Dearborn to serve as associate vice chancellor of government relations, becoming the vice chancellor in 1995, and tirelessly served the students of U of M - Dearborn in that role until he retired in 2012.
Ed’s relentless efforts improved the lives of students by securing state funding to renovate many of the buildings on campus, including the creation of on-campus housing. He also served on the boards of ACCESS, the American Arab Chamber of Commerce, and the Henry Ford Health System. He received the Eleanor Josaitis Unsung Hero Award from the Metropolitan Affairs Coalition for his efforts spearheading environmental stewardship of the Rouge River watershed, once one of the most polluted in the Great Lakes region.
I’ve known Ed for over 20 years. I first met him as a staff member here, working in the House of Representatives. I also had the honor of working with him on a couple different projects. Some of you may know that I initiated some federal legislation with my then congressman, David Bonior, to honor the sesquicentennial of the birth of Thomas Edison. Edison has a lot of connections with Michigan, including growing up in Macomb County, Michigan. But also, the Henry Ford in Dearborn, Michigan, which Ed Bagale was an integral part of, has many of the artifacts and buildings associated with Edison. I started working on this legislation, and one of my key allies in that was the Henry Ford, because they would be a recipient of about $1 million in revenue from the sale of the special commemorative silver dollar. The legislation took a couple times to go through, I think we went three, maybe four sessions of Congress when it finally made it to the President’s desk. I enjoyed working with Ed on that project, and he help me with resources and discussing this issue in Washington, D.C., as well as, helping promote this legislation as it went forward. I really enjoyed the day, February 11, 2004, when we had an unveiling ceremony for the silver dollar and it was sold to the public for the first time.
I subsequently was drafted by Ed to serve with him on another of my passions, and that is automobiles. I served with Ed for about four or five years on the Motor Cities National Heritage Area Board of Directors. I have to say that Ed was a very passionate proponent of the American automobile industry, and it is something that I have always appreciated about him, among many other great memories I have of him.
I know many of you in the Chamber knew Ed personally, and you hold fond memories of Ed and admire him for his tireless efforts in serving the University of Michigan - Dearborn, the student body, and all those who use the Rouge River Gateway Trail. He is survived by his wife, Gail, and his three siblings.
Ed passed away earlier this year on January 18, at the age of 70. This Saturday, March 25, a celebration of his life will be held in Dearborn. I would like to ask this body observe a moment of silence to this dedicated and visionary man. May Ed rest in peace.
A moment of silence was observed in memory of Ed Bagale, former vice chancellor of government relations for the University of Michigan - Dearborn.
Committee Reports
The Committee on Insurance reported
Senate Bill No. 43, entitled
A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending section 9 (MCL 124.79).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Insurance reported
Senate Bill No. 168, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 6107 (MCL 500.6107), as added by 1992 PA 174.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Insurance submitted the following:
Meeting held on Thursday, March 16, 2017, at 9:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda and Young
Absent: Senator Johnson
The Committee on Transportation reported
Senate Bill No. 159, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2016 PA 72.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Marleau and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 178, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2016 PA 327, and by adding sections 811cc, 811dd, 811ee, 811ff, and 811gg.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Marleau and Conyers
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 Transportation submitted the following:
Meeting held on Thursday, March 16, 2017, at 8:45 a.m., Room 1100, Binsfeld Office Building
Present: Senators Casperson (C), Horn, Marleau and Conyers
Excused: Senator Pavlov
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development and International Investment submitted the following:
Meeting held on Thursday, March 16, 2017, at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Horn (C), Schmidt, Stamas, Emmons, Conyers and Bieda
Excused: Senators Brandenburg, MacGregor and Warren
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Licensing and Regulatory Affairs submitted the following:
Meeting held on Thursday, March 16, 2017, at 2:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Knollenberg (C), Marleau and Young
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Judiciary submitted the following:
Meeting held on Tuesday, March 21, 2017, at 9:00 a.m., Room 405, Capitol Building
Present: Senators Proos (C), Schuitmaker
Excused: Senator Young
Scheduled Meetings
Appropriations - Wednesday, March 22, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-5307)
Subcommittees -
Agriculture and Rural Development - Tuesday, March 28, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Capital Outlay - Wednesday, March 22, 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Community Colleges - Wednesday, March 22, 9:30 a.m., Room 1300, Binsfeld Office Building (373-2768)
General Government - Thursday, March 23, 8:30 a.m., Room 1300, Binsfeld Office Building (373-2768)
K-12, School Aid, Education - Wednesdays, 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 28, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Transportation - Thursdays, March 23 and March 30, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Economic Development and International Investment - Thursday, March 23, 1:30 p.m., Room 1200, Binsfeld Office Building (373-5323)
Families, Seniors and Human Services - Wednesday, March 22, 3:00 p.m., Room 1300, Binsfeld Office Building (373-1721)
Michigan Competitiveness - Wednesday, March 22, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5314)
Regulatory Reform - Wednesday, March 22, 1:00 p.m., Room 1100, Binsfeld Office Building (373-5323)
Transportation - Thursday, March 23, 9:00 a.m., Room 1100, Binsfeld Office Building (373-5312)
Veterans, Military Affairs and Homeland Security - Thursday, March 23, 2:00 p.m., Room 1300, Binsfeld Office Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:38 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, March 22, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
328 JOURNAL OF THE SENATE [March 21, 2017] [No. 29
No. 29] [March 21, 2017] JOURNAL OF THE SENATE 329
330 JOURNAL OF THE SENATE [March 21, 2017] [No. 29
No. 29] [March 21, 2017] JOURNAL OF THE SENATE 331
332 JOURNAL OF THE SENATE [March 21, 2017] [No. 29
No. 29] [March 21, 2017] JOURNAL OF THE SENATE 333
334 JOURNAL OF THE SENATE [March 21, 2017] [No. 29
No. 29] [March 21, 2017] JOURNAL OF THE SENATE 335
336 JOURNAL OF THE SENATE [March 21, 2017] [No. 29
No. 29] [March 21, 2017] JOURNAL OF THE SENATE 337
338 JOURNAL OF THE SENATE [March 21, 2017] [No. 29
No. 29] [March 21, 2017] JOURNAL OF THE SENATE 339
340 JOURNAL OF THE SENATE [March 21, 2017] [No. 29