No. 48
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Thursday, May 18, 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—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Stamas—present
Gregory—present MacGregor—present Warren—present
Hansen—present Marleau—present Young—excused
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Kenneth Klett of Covenant Church of Holland offered the following invocation:
Almighty God, Maker of heaven and earth and all things visible and invisible, sovereign almighty God, we come to You and ask for Your presence in the deliberations of this body. Lord, we thank You that You have established government for the good of mankind and ultimately for Your glory. We pray for the civil government and those elected women and men who serve You here and ask that You would be with them, that You would glorify Yourself through them, and that You would allow them to govern the citizens of Michigan well. Lord, that You would be with this body in all the deliberations; and that You would give them wisdom that reflects Your wisdom, justice that mirrors Your justice, and righteousness that reflects Your righteousness. Please guide and direct them in a way that is pleasing in Your sight.
We come to You in the name of the King of kings and Lord of lords, 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, Hertel and Robertson entered the Senate Chamber.
Senator Kowall moved that Senators Casperson, Green, Knollenberg and Schmidt be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Young be excused from today’s session.
The motion prevailed.
Senator Zorn moved that the statement he made on May 17 on the order of Resolutions be printed in the Journal.
The motion prevailed.
Senator Zorn’s statement is as follows:
I rise to thank my fellow members for recognizing a very special milestone in the rich history of Monroe County, the second-oldest county in Michigan. July 14 of this year marks the 200th anniversary of Monroe County and this summer will be full of celebrations and activities across our county.
Established in 1817 by Territorial Governor Lewis Cass, Monroe County was named after the fifth President of the United States, James Monroe. Monroe County is rich in history, dating from the early French settlers to the War of 1812 when American soldiers heard the call to battle, “Remember the Raisin.” That war was fought alongside the first platted road in Michigan; now the gateway to Michigan: I-75. General George Armstrong Custer is perhaps the most recognized county son and still rides atop his horse in downtown Monroe. Although in present day, perhaps our most beloved native is Miss America 1988, Kaye Lani Rae Rafko.
Monroe County has a rich agricultural heritage where you can find the most Centennial Farms in Michigan, and where the La-Z-Boy chair company was founded and still calls home. It is also where you find the only international port on Lake Erie. Speaking of Lake Erie, the walleye are this big, and the muskrat dinners are a true cultural event. We cannot forget—for those of us who golf—there are more golf courses per capita in Monroe County than anywhere in the nation.
The people of Monroe County are proud to call Monroe home and honor those who have worked to make it a place that is recognized as a place to visit or live. This summer will be a Pure Michigan summer as we celebrate the 200th birthday of Monroe County. Planning the events of the bicentennial and with me today to receive the Monroe County bicentennial resolution are Chairman Chris Kull and members of the Monroe County Bicentennial Alliance. Please welcome our guests as I present Senate Resolution No. 60.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator O’Brien admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senators Casperson, Green and Schmidt entered the Senate Chamber.
Senator Conyers stated that had he been present on May 17 when the votes were taken on the passage of the following bills, he would have voted “yea”:
Senate Bill No. 337
Senate Bill No. 338
Senate Bill No. 368
Senate Bill No. 369
Senators O’Brien and Emmons asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator O’Brien’s statement is as follows:
It is a very special honor that Senator Emmons and I are welcoming some wonderful guests to the State Capitol. Yesterday we passed a resolution that Senator Emmons will be discussing more about. It is really about supporting our youth who have been in foster care. To go into foster care, there have been a lot of tribulations and challenges in your life. To be able to go on and be successful in college shows a type of determination and strength that our youth have. This state of Michigan has been very good at supporting these youth. Today, with us, we have some wonderful guests with Fostering Success Michigan. We have Maddy Day, Ronicka Hamilton, and Karie Ward. Participating in the Seita Scholars Program at Western Michigan University, we have Geovany Ulario, Maggie Grimm, and Bri Simmons.
Senator Emmons’ statement is as follows:
We want to acknowledge our guests here today and we want to acknowledge the resolution that recognizes May 2017 as Foster Care Awareness Month. It is a big issue in our state of Michigan. We have a lot of needs for foster parents, but we also have a lot of needs for foster children who are within that system. It’s a privilege to recognize stellar individuals who have seen success and continue to succeed and work toward their goals in life. I thank you for honoring them today.
The Secretary announced that the following House bills and joint resolution were received in the Senate and filed on Wednesday, May 17:
House Bill Nos. 4065 4211 4229 4231 4233 4234 4235 4236 4237 4238
House Joint Resolution C
The Secretary announced that the following bills were printed and filed on Wednesday, May 17, and are available at the Michigan Legislature website:
Senate Bill Nos. 381 382 383 384 385
House Bill Nos. 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627
Messages from the Governor
The following messages from the Governor were received and read:
April 28, 2017
I respectfully submit to the Senate the following appointment to office:
Governor’s Talent Investment Board
Joseph Billig of 864 Eaton Drive, Mason, Michigan 48854, county of Ingham, representing core programs and region 7, is appointed for a term expiring April 15, 2019.
May 5, 2017
I respectfully submit to the Senate the following appointment to office:
Michigan Community Service Commission
Kimberley D. Sims of 185 W. Barney Avenue, Muskegon Heights, Michigan 49444, county of Muskegon, representing local government, succeeding Julie Calley, is appointed for a term expiring October 1, 2018.
May 8, 2017
I respectfully submit to the Senate the following appointments to office:
Michigan Freedom Trail Commission
Amanda J. Campbell of 226 E. Park Avenue, Oscoda, Michigan 48750, county of Iosco, representing members at-large, succeeding Michael Nassaney, is appointed for a term expiring February 1, 2021.
Michael Nassaney of 419 Inkster Avenue, Kalamazoo, Michigan 49001, county of Kalamazoo, representing members of the academic community who are knowledgeable in African-American history, succeeding Kimberly Davis, is appointed for a term expiring February 1, 2021.
Kevin Turman of 19532 Bretton Drive, Detroit, Michigan 48223, county of Wayne, representing individuals who are actively involved in civil rights issues, succeeding Tamara Barnes, is appointed for a term expiring February 1, 2021.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator O’Brien as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
Senate Bill No. 290, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), as amended by 2014 PA 406.
The bill was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 332, entitled
A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2016 PA 452.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 249, entitled
A bill to create the educational instruction access act; to limit the powers of local governmental bodies regarding the selling, transferring, leasing, or renting of property; and to provide remedies and penalties.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 26, after “is” by inserting “allegedly”.
2. Amend page 3, line 27, after “act,” by inserting “the attorney general, prosecuting attorney of the county in which the local governmental body serves, or educational institution or private school aggrieved by the local governmental body may provide written notice of noncompliance to the local governmental body. If the local governmental body fails to cure the noncompliance within 30 days after receiving the written notice of noncompliance,”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
During the Committee of the Whole, Senator Knollenberg entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Kowall moved that consideration of the following bill be postponed for today:
Senate Bill No. 35
The motion prevailed.
Senate Bill No. 130, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
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 amended the title to read as follows:
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2018; to provide for certain conditions on the appropriations; and to provide for the expenditure of the appropriations.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 136, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 137, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 139, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 142, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2018; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 144, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 145, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 146, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 148, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1).
Pursuant to rule 3.202, the bill was laid over one day.
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.
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.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:21 a.m.
10:27 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 103, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311 and 1561 (MCL 380.1311 and 380.1561), section 1311 as amended by 2016 PA 364 and section 1561 as amended by 2016 PA 532.
The question being on the passage of the bill,
Senator Knezek offered the following amendments:
1. Amend page 15, line 7, after “LEAST” by striking out “90%” and inserting “50%”.
2. Amend page 15, line 7, after “DAY.” by striking out the balance of the subdivision.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood 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. 193 Yeas—13
Ananich Gregory Hopgood Knezek
Bieda Hertel Horn Knollenberg
Conyers Hood Johnson Warren
Emmons
Nays—24
Booher Hildenbrand Meekhof Rocca
Brandenburg Hune Nofs Schmidt
Casperson Jones O’Brien Schuitmaker
Colbeck Kowall Pavlov Shirkey
Green MacGregor Proos Stamas
Hansen Marleau Robertson Zorn
Excused—1
Young
Not Voting—0
In The Chair: President
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. 194 Yeas—28
Bieda Green Jones Proos
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Schmidt
Casperson Hood Meekhof Schuitmaker
Colbeck Hopgood Nofs Shirkey
Conyers Horn O’Brien Stamas
Emmons Hune Pavlov Zorn
Nays—9
Ananich Johnson Knollenberg Rocca
Gregory Knezek MacGregor Warren
Hertel
Excused—1
Young
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Knezek and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Knezek’s statement is as follows:
The amendment that I’m offering to this bill today is pretty straightforward. All it does is change the definition of what counts as “in attendance” for a school day from the 90 percent level that is put in this bill and brings it back down to 50 percent. This is necessary just so that this policy is consistent with the federal reporting requirements that are already in place.
According to the 2015-2016 Office of Civil Rights data collection report, a student is not able to miss more than 50 percent of the school day or that student will be counted as absent. All school districts are required to collect and report on this data. Having a separate definition and a separate reporting requirement doesn’t make sense here in Michigan, and, frankly, it puts an unnecessary burden on our already strained school districts. I do think we can agree that chronic absenteeism does lead to poor outcomes for children and so I applaud the sponsors of these bills for their work on this legislation, because I believe that the intent behind all of the bills is very laudable. We have to engage in more comprehensive interventions to really get to the root of why so many students struggle with truancy, and I believe that these bills do help to address this.
I don’t think that it’s fair, however, to school districts or students for there to be a requirement that that student be in school 90 percent of the day simply to be considered in attendance. Think of a student who has an orthodontist appointment. With travel time, those can easily last between an hour and an hour and a half. The way the legislation is currently written, a student would only have 40 to 45 minutes for these kinds of medical appointments and procedures. I just believe that this is not realistic and is not enough time. Again, I do support the intent behind these bills. I just ask for my colleagues’ support on this amendment because I don’t believe that we should be putting in place a standard that is stricter than what the federal government is already putting into place.
Senator Schuitmaker’s statement is as follows:
I rise to urge my colleagues to vote “no” on this amendment which weakens our ability to provide students with the quality education that they deserve. The amendment before you sends a false and dangerous message to students, parents, and school officials—education and school attendance are not important for a successful future. We all know that education is important to a successful future and it’s important to keep kids in school.
After investing billions of dollars in our public schools and supporting reforms to ensure that taxpayer dollars are spent directly on students in the classroom, we need to ensure that students are actually present in the classroom. Simply put, absences add up and negatively affect academic performance and graduation rates. Students who are not regularly attending school or those who drop out, sadly, are more likely to fall into our corrections system. In 2015, approximately 600 youths age 19 and under were incarcerated in Michigan prisons. Every prisoner Michigan gains costs taxpayers more than $37,000 each year. With an average prisoner spending four years in prison, this is a problem our state simply cannot afford. The data and studies behind this legislative package prove that school attendance serves as a true crime prevention tool, placing our students on a pathway to become productive members of our communities.
I urge my colleagues to vote “no” on this amendment.
The following bill was read a third time:
Senate Bill No. 104, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1586 (MCL 380.1586).
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. 195 Yeas—35
Ananich Gregory Jones Robertson
Bieda Hansen Knezek Rocca
Booher Hertel Kowall Schmidt
Brandenburg Hildenbrand Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Zorn
Green Johnson Proos
Nays—2
Knollenberg MacGregor
Excused—1
Young
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 105, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310a (MCL 380.1310a), as amended by
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. 196 Yeas—35
Ananich Gregory Jones Robertson
Bieda Hansen Knezek Rocca
Booher Hertel Kowall Schmidt
Brandenburg Hildenbrand Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Zorn
Green Johnson Proos
Nays—2
Knollenberg MacGregor
Excused—1
Young
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 106, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2014 PA 519.
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. 197 Yeas—35
Ananich Gregory Jones Robertson
Bieda Hansen Knezek Rocca
Booher Hertel Kowall Schmidt
Brandenburg Hildenbrand Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Zorn
Green Johnson Proos
Nays—2
Knollenberg MacGregor
Excused—1
Young
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4131, entitled
A bill to amend 1994 PA 350, entitled “Public employee retirement benefits forfeiture act,” by amending sections 2, 3, 4, and 5 (MCL 38.2702, 38.2703, 38.2704, and 38.2705), sections 2, 4, and 5 as amended by 1996 PA 467, and by adding section 4a.
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. 198 Yeas—35
Ananich Gregory Jones Proos
Bieda Hansen Knezek Robertson
Booher Hertel Knollenberg Rocca
Brandenburg Hildenbrand Kowall Schmidt
Casperson Hood MacGregor Schuitmaker
Colbeck Hopgood Marleau Stamas
Conyers Horn Meekhof Warren
Emmons Hune Nofs Zorn
Green Johnson Pavlov
Nays—2
O’Brien Shirkey
Excused—1
Young
Not Voting—0
In The Chair: President
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.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the forfeiture of retirement benefits by public employees under certain circumstances; to prescribe the powers and duties of certain retirement systems, state departments, courts, public officials, and public employees; and to prescribe penalties and provide remedies,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 77, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811jj.
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. 199 Yeas—37
Ananich Hansen Knezek Proos
Bieda Hertel Knollenberg Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Zorn
Gregory
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
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:
I rise in support of Senate Bill No. 77 today and ask my colleagues to do the same. Senate Bill No. 77 will create a new fundraising license plate for the Thin Blue Line of Michigan. For those unfamiliar with the Thin Blue Line of Michigan, it’s a nonprofit that provides financial and legal support for the families of law enforcement officers who are seriously injured or killed in the line of duty. The timing of this discussion is particularly appropriate as we are presently observing National Police Week. Originally designated by President John F. Kennedy in 1962, this is a very important time to the law enforcement community as we remember our brothers and sisters in blue who have made the ultimate sacrifice.
In Michigan—just so you know—eight officers have been killed in the line of duty since last May. This makes the last 12 months the worst stretch for Michigan’s first responders in more than 15 years. Unfortunately, nationally the statistics are even grimmer. In 2017 alone, 50 police officers have already lost their lives serving their communities—50. No amount of gratitude can replace a lost loved one or ease the pain of those heroes’ families, but organizations like the Thin Blue Line are working hard to provide support and to show these families that their sacrifice is not forgotten.
By creating the Thin Blue Line plate, we will give Michigan citizens one more opportunity to show support for the men and women who put their lives on the line each and every day for all of us. I ask for my colleagues to support this bill.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Emmons and Brandenburg introduced
Senate Bill No. 386, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78k (MCL 211.78k), as amended by 2016 PA 433.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Warren, Hune, Knezek, Bieda and Hopgood introduced
Senate Bill No. 387, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21525.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Casperson, Hune, Warren, Knezek, Bieda, Hopgood and Jones introduced
Senate Bill No. 388, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20165 (MCL 333.20165), as amended by 2008 PA 39, and by adding sections 17233 and 21526.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Hune, Knezek, Bieda and Casperson introduced
Senate Bill No. 389, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21525a.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Casperson introduced
Senate Bill No. 390, entitled
A bill to amend 1951 PA 77, entitled “An act providing for the specific taxation of low grade iron ore, of low grade iron ore mining property, and of rights to minerals in lands containing low grade iron ores; to provide for the collection and distribution of the specific tax; to make an appropriation; and to prescribe the powers and duties of the state geologist and township supervisors and treasurers with respect to the specific tax,” by amending section 4 (MCL 211.624), as amended by 2002 PA 443.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Casperson, Hildenbrand, Colbeck, Booher, Green, Pavlov, Robertson, Proos, Hansen, Horn, Jones, Marleau, Nofs, Kowall, Stamas, Schuitmaker, Knollenberg, O’Brien, Emmons, Schmidt and Shirkey introduced
Senate Bill No. 391, 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.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Casperson, Hildenbrand, Colbeck, Booher, Green, Pavlov, Robertson, Proos, Hansen, Horn, Jones, Marleau, Nofs, Kowall, Stamas, Schuitmaker, Knollenberg, O’Brien, Schmidt, Emmons and Shirkey introduced
Senate Bill No. 392, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Horn, Shirkey and Schmidt introduced
Senate Bill No. 393, entitled
A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.
House Joint Resolution C, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or electronic communication.
The House of Representatives has adopted the joint resolution by a 2/3 vote.
The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4065, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 5a (MCL 791.205a), as added by 1996 PA 140.
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. 4211, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462g (MCL 750.462g), as amended by 2014 PA 329.
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. 4229, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2016 PA 249.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4231, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4233, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4234, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4235, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2016 PA 249 and section 17b as amended by 2007 PA 137.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4236, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2016 PA 249.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4237, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4238, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
Statements
Senator Green asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Green’s statement is as follows:
It’s with regret that I stand here today sending off another one of my employees. Samantha Wagner, aka “Sam” in the office, has been with our office for two and a half years. She’s presently a junior at Michigan State University majoring in agriculture, food, and natural resources. She began in our office as an intern and as many of you are fully aware, many interns do turn into full-time jobs, and she quickly moved into at least a part-time, paid position.
Her professionalism, skill, passion, and sense of humor will be greatly missed. Samantha has been honored as a Glassen Scholar. She will be participating in a 12-week, 40-hour paid internship in natural resources, and she’ll be working at the DNR for her internship. She will be working directly with Trevor VanDyke, whom many of you know, at the legislative and legal affairs office where Trevor is now the director. It’s with much regret that I introduce Samantha Wagner to you as she leaves my office.
Committee Reports
The Committee on Judiciary reported
House Bill No. 4209, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1344 (MCL 600.1344), as amended by 2002 PA 739.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 4210, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151e (MCL 600.151e), as amended by 2004 PA 465.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, May 16, 2017, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda
The Committee on Commerce reported
House Concurrent Resolution No. 2.
A concurrent resolution to express support for the construction of a new lock at Sault Ste. Marie, Michigan, and urge the President and Congress of the United States to fully fund the project.
(For text of resolution, see Senate Journal No. 39, p. 486.)
With the recommendation that the concurrent resolution be adopted.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Commerce reported
Senate Bill No. 363, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2017 PA 21.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Commerce submitted the following:
Meeting held on Wednesday, May 17, 2017, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel
The Committee on Finance reported
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.
With the recommendation that the bill pass.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 380, entitled
A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 15, 16, and 17 (MCL 123.1354, 123.1355, 123.1356, and 123.1357), sections 14 and 17 as amended by 2016 PA 124.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Tuesday, May 16, 2017, at 2:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren
The Committee on Regulatory Reform reported
Senate Bill No. 356, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 502.
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.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 370, entitled
A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183 and section 33 as amended by 2016 PA 300.
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, Hertel and Johnson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 372, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by repealing section 1030 (MCL 436.2030).
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 Johnson
Nays: None
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, May 17, 2017, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson
The Committee on Appropriations reported
Senate Bill No. 76, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2017; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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.
David S. Hildenbrand
Chairperson
To Report Out:
Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 280, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1901, 1902, 1903, 1905, 1907, and 1907a (MCL 324.1901, 324.1902, 324.1903, 324.1905, 324.1907, and 324.1907a), section 1901 as added by 1995 PA 60, sections 1902, 1905, 1907, and 1907a as amended by 2012 PA 619, and section 1903 as amended by 2011 PA 117, and by adding section 1907b.
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.
David S. Hildenbrand
Chairperson
To Report Out:
Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau
Nays: Senators Hopgood and Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, May 17, 2017, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, May 17, 2017, at 12:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren
COMMITTEE ATTENDANCE REPORT
The Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Wednesday, May 17, 2017, at 4:00 p.m., Harry T. Gast Appropriations Room, 3rd floor, Capitol Building
Present: Senators Booher (C), Schuitmaker, Hansen, MacGregor and Hertel
Excused: Senators Nofs and Gregory
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Thursday, May 18, 2017, at 9:00 a.m., Room 1100, Binsfeld Office Building
Present: Senators Casperson (C), Horn, Pavlov, Marleau and Conyers
Scheduled Meetings
Appropriations -
Subcommittee -
Capital Outlay - Wednesday, May 24, 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Judiciary - Tuesday, May 23, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)
Transportation - Thursday, May 25, 8:00 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:55 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 23, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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