No. 50
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Wednesday, May 24, 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—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Reverend Charles Donajkowski of Holy Family Catholic Church and Sacred Heart Catholic Church of Oscoda offered the following invocation:
Lord of heaven and of earth, Lord of all nations and all peoples, Lord of justice, truth, and peace, You have created Your human family to have dominion over creation, to be just stewards of Your rich blessing, and to build human institutions safeguarding Your many rich gifts, Your hope, and Your will for us.
Help us to remember that, created in Your image, we are destined to reflect Your beauty in many faces, but a true oneness in who we are. We pray that together, in cooperation, in diversity, and in unique creativity, we continue to blossom into Your most cherished creation. You make us Your children and You claim us as Your heart, identifying us as a people with a destiny to be in unity not just with each other, but ultimately with You, O Lord. Let Your will be done. Let it be done in those of us called to serve, guide, and protect our legacy in Your beautiful state of Michigan. With a humble sense of service, our Senate calls upon Your wisdom, patience, and hope to guide all that we do.
Help our honored Senate, elected to serve a people, to combine their wisdom, knowledge, experiences, and values that they may be successful together as one. Keep us zealous and yet humble in service to all of Michigan’s people, O Lord. Work through us to bear fruit that will last. Help us to build up our communities through justice and peace, striving to protect those in need and supporting the dignity of all. Be present, O Lord, with this Senate. Bring inspiration, truth, and enlightenment to them. Endow our Senate’s great work to bring a prosperous future for our great state of Michigan.
Honorable Senators, may Almighty God bless the outcome of your work and all your deliberations. In the Name of the Father, and of the Son, and of the Holy Spirit. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Brandenburg entered the Senate Chamber.
Senator Kowall moved that Senators Knollenberg and Robertson be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Robertson entered the Senate Chamber.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 23:
House Bill Nos. 4427 4611
The Secretary announced that the following bills were printed and filed on Tuesday, May 23, and are available at the Michigan Legislature website:
Senate Bill Nos. 394 395 396 397 398 399 400 401
House Bill Nos. 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 36
The motion prevailed.
Senator Johnson entered the Senate Chamber.
Senators Pavlov, Hansen, Proos, Booher, Robertson, Conyers, Marleau and MacGregor offered the following resolution:
Senate Resolution No. 66.
A resolution commemorating May 24, 2017, as Propane Safety Awareness Day.
Whereas, The mission of the Michigan Propane Gas Association is to promote the proper handling and use of propane, work for a favorable environment for propane distribution and marketing, and increase its application by demonstrating propane’s value as a clean energy source; and
Whereas, Michigan consistently ranks among the biggest users of propane in the United States. Propane is used in residential, commercial, agricultural, and internal combustion sectors throughout Michigan; and
Whereas, More propane is used to heat homes in Michigan than in any other state; and
Whereas, The propane industry employs over 1,200 people and contributes nearly $1 billion to the Michigan economy; and
Whereas, Propane is transported safely throughout Michigan every day via truck, rail, and pipeline; and
Whereas, The Michigan Propane Gas Association is a trade and membership service organization that represents propane marketers throughout the state dedicated to the core principles of education and safety within the propane industry; and
Whereas, The Michigan Propane Gas Association established Propane Safety Awareness Day to demonstrate the numerous safe uses of propane. We salute the people of the Michigan Propane Gas Association for their efforts to expand our awareness and knowledge of the propane industry; now, therefore, be it
Resolved, That the members of this legislative body commemorate the 25th Anniversary of Propane Safety Awareness Day. We recognize the efforts of the volunteers, organizers, and membership of the Michigan Propane Gas Association for its dedication to safety and education; and be it further
Resolved, That the members of this legislative body commemorate May 24, 2017, as Propane Safety Awareness Day in Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the organizers of Propane Safety Awareness Day as evidence of our esteem.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Bieda, Brandenburg, Casperson, Gregory, Hopgood, Nofs, Schmidt and Stamas were named co‑sponsors of the resolution.
Senator Young offered the following resolution:
Senate Resolution No. 67.
A resolution commemorating July 12, 2017, as Metro Detroit Youth Day.
Whereas, More than 360 community and youth organizations will sponsor Metro Detroit Youth Day on July 12, 2017, at Belle Isle’s Athletic Field in Detroit. These organizations recognize that leisure and recreation are basic human needs, and the youth must use this time wisely to improve their education, the quality of their lives and life’s disciplines, and be inspired to do the most good; and
Whereas, Metro Detroit Youth Day is the largest event in Michigan and the Midwest. It emphasizes the need for physical education and fitness, good sportsmanship, community services, and guidance from mentorships, role models, and college scholarships; and
Whereas, It is acknowledged that our youth are a valuable asset to the community and the foundation of our future; and
Whereas, Metro Detroit Youth Day brings together the total community and the private sector together to enhance relationships and improve community cooperation and harmony; and
Whereas, Metro Detroit Youth Day provides an opportunity for youth to participate in constructive activities outside their immediate home areas, working with thousands of other youngsters and more than 1,700 volunteers; and
Whereas, The historic 35th Annual Metro Detroit Youth Day is sponsored by SpartanNash, Inc.; Detroit Free Press; Ford Motor Company; Pepsi Beverages Company; Motor City Casino Hotel; Volkswagen; Garden Fresh Salsa Company; Kroger Co.; Detroit Lions; Detroit Pistons; Detroit Tigers; DTE Energy; Michigan Department of Natural Resources; Detroit Recreation Department; Blue Cross and Blue Shield of Michigan; Wayne County Park Systems; Meijer, Inc.; MASCO Corporation; Aetna Better Health of Michigan; WDIV-TV, WXYZ-TV7, and TV20; CBS; Fox 2 - WJBK TV; MEDC/Pure Michigan; Comerica Bank; WWJ Newsradio 950; Michigan State University; Charles Motors; Greektown Casino; Walmart; Detroit Public Television; St. John Providence Hospitals; Beaumont Hospitals; tellusdetroit.com; Great Lakes Agricultural Fair; Wolverine Packing; Domino’s; Fifth Third Bank; 5/3 Michigan State Fair; American Axle & Manufacturing; and many other sponsors, including food and beverage firms; Eastern Michigan University; Oakland University; University of Michigan; Wayne County Community College District; Wayne State University; Western Michigan University; International Brotherhood of Electrical Workers; Mechanical Contractor - Detroit; Michigan Building Trades Council; Detroit Windsor Tunnel, LLC; and others; and
Whereas, Community groups such as the NAACP, Urban League of Detroit and Southeastern Michigan, Salvation Army, Boys and Girls Clubs, Boy Scouts, Girl Scouts, YMCA, Focus: HOPE, United Way for Southeastern Michigan, Detroit Police Cadets, The Skillman Foundation, New Detroit, Inc., Forgotten Harvest, Detroit Public Schools Foundation, Big Brothers Big Sisters, and many others are participating as co‑sponsors; and
Whereas, Outstanding and dedicated community leaders such as foundation founder and chairman Ed Dee; co-chairs Keith Bennett of Goodwill Industries; Sergeant Curtis Perry of Detroit Police Cadets; John Ambrose of Michigan State University; Ron Olson of Department of Natural Resources; Harold Edwards of MichCon (retired); Bruce Ross & Associates; and Barbra Jean Johnson of the Tireman Center are co-chairing this event, along with hundreds of volunteers supervising the more than 35,000 youths expected to attend; now, therefore, be it
Resolved by the Senate, That the members of this legislative body do hereby commemorate July 12, 2017, as Metro Detroit Youth Day.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Bieda, Brandenburg, Conyers, Gregory, Hood, Hopgood, Knezek and Schmidt were named co‑sponsors of the resolution.
Senator Hertel, Ananich, Knezek, Hood, Bieda, Gregory, Johnson, Hopgood, Warren, Young and Conyers offered the following resolution:
Senate Resolution No. 68.
A resolution calling on the Governor, the Michigan Department of Insurance and Financial Services, and the Michigan Department of Health and Human Services to adopt a healthcare bill of rights and urging the Governor not to make cuts to the Medicaid program.
Whereas, In 2010, the federal Patient Protection and Affordable Care Act, known as the ACA, was enacted into law. As a result of the ACA, 4.4 million people in Michigan with pre-existing conditions have gained access to quality healthcare coverage, the uninsured population has dropped by 45 percent, and lifetime limits on coverage have lifted for 3.5 million people; and
Whereas, Michigan’s Medicaid expansion program, the Healthy Michigan Plan, has allowed over 600,000 low-income individuals to gain health insurance, has generated 30,000 new jobs annually, and has resulted in $2.3 billion in additional personal spending power; and
Whereas, The President and congressional leaders are calling for the enactment of the American Health Care Act, known as the AHCA, which would repeal key protections in the ACA; and
Whereas, The Congressional Budget Office projects that the AHCA would increase medical costs on older and sicker individuals, while concurrently reducing the array of benefits provided to them. Under the AHCA, insurers would charge seniors five times more than younger policyholders, charge individuals with pre-existing conditions higher premium rates, and eliminate essential health benefits that cover crucial services such as cancer treatment, maternity care, and prescription drugs. In addition, the AHCA would make significant cuts in Medicaid funding to states; and
Whereas, Michigan citizens have a right to high quality, affordable health insurance regardless of their age, gender, race, national origin, sexual orientation, gender identity, health status, or income; and
Whereas, Michigan citizens have a right to essential health benefits with no annual or lifetime caps, including free preventative health services; and
Whereas, Michigan citizens have a right to demand negotiations on affordable prescription drug coverage; and
Whereas, Children and adults with pre-existing conditions have a right to affordable, comprehensive health insurance; and
Whereas, Low-income Michigan citizens who are not eligible for Medicaid have a right to cost-sharing subsidies to assist with out-of-pocket health insurance costs; and
Whereas, It is imperative that action is taken to recognize and preserve all of these rights and ensure that Michigan citizens continue to have access to affordable health care and individuals with pre-existing conditions are not charged higher premium rates for experiencing lapses in coverage; now, therefore, be it
Resolved by the Senate, That we call on the Governor, the Michigan Department of Insurance and Financial Services, and the Michigan Department of Health and Human Services to adopt a healthcare bill of rights to safeguard individuals from healthcare premium hikes, annual or lifetime caps on coverage for essential health benefits, and discriminatory healthcare practices on the basis of pre-existing conditions; and be it further
Resolved, That we urge the Governor to not make any cuts to the Medicaid program, including traditional Medicaid and the Healthy Michigan Plan; and be it further
Resolved, That copies of this resolution be transmitted to the Governor, the Director of the Department of Insurance and Financial Services, and the Director of the Michigan Department of Health and Human Services.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
By unanimous consent the Senate returned 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 Proos 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 bills:
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.
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).
House Bill No. 4058, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 13 (MCL 207.783), as amended by 2005 PA 339; and to repeal acts and parts of acts.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
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.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 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.
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.
During the Committee of the Whole, Senators Knollenberg and Young 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 year ending September 30, 2018; to provide for certain conditions on the appropriations; and to provide for the expenditure of the appropriations.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 212 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 213 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 214 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 215 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 216 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 217 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 218 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 219 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
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.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 220 Yeas—0
Nays—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Excused—0
Not Voting—0
In The Chair: President
Senate Bill No. 176, entitled
A bill to amend 1996 PA 299, entitled “An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department,” by amending section 1 (MCL 247.401), as amended by 2004 PA 528.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 363
Senate Bill No. 266
Senate Bill No. 380
Senate Bill No. 76
Senate Bill No. 280
Senate Bill No. 122
The motion prevailed.
The following bill was read a third time:
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.
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. 221 Yeas—36
Ananich Hansen Knezek Proos
Bieda Hertel Knollenberg Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Conyers Horn Meekhof Stamas
Emmons Hune Nofs Warren
Green Johnson O’Brien Young
Gregory Jones Pavlov Zorn
Nays—2
Colbeck Shirkey
Excused—0
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. 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 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. 222 Yeas—37
Ananich Hansen Knezek Robertson
Bieda Hertel Knollenberg Rocca
Booher Hildenbrand Kowall Schmidt
Brandenburg Hood MacGregor Schuitmaker
Casperson Hopgood Marleau Shirkey
Colbeck Horn Meekhof Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory
Nays—0
Excused—0
Not Voting—1
Nofs
In The Chair: President
The Senate agreed to the title of the bill.
Pursuant to rule 1.306, Senator Nofs submitted the following:
May 24, 2017
Pursuant to Senate Rule 1.306, I am hereby disclosing a personal financial interest in Senate Bill No. 266.
Due to the fact that the provision of this bill could directly affect my personal retirement situation, pursuant to rule 1.306, I am disqualified and therefore will not be voting on this bill.
Sincerely,
Mike Nofs
State Senator
District 19
The following bill was read a third time:
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.
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. 223 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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. 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.
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. 224 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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. 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.
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. 225 Yeas—24
Booher Hansen MacGregor Proos
Brandenburg Hildenbrand Marleau Robertson
Casperson Horn Meekhof Schuitmaker
Colbeck Hune Nofs Shirkey
Emmons Knollenberg O’Brien Stamas
Green Kowall Pavlov Zorn
Nays—14
Ananich Hertel Jones Schmidt
Bieda Hood Knezek Warren
Conyers Hopgood Rocca Young
Gregory Johnson
Excused—0
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. 122, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516, section 3113 as amended by 2016 PA 188, and section 6101 as amended by 2012 PA 178.
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. 226 Yeas—32
Ananich Hertel Knezek Rocca
Bieda Hildenbrand Kowall Schmidt
Brandenburg Hood MacGregor Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Hansen Jones Proos Zorn
Nays—6
Booher Gregory Marleau Robertson
Green Knollenberg
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess until 1:30 p.m.
The motion prevailed, the time being 10:43 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:31 p.m.
2:08 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Pavlov and Green introduced
Senate Bill No. 402, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as amended by 2016 PA 164.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Bieda, Johnson, Rocca, Gregory, Hertel and Horn introduced
Senate Bill No. 403, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2016 PA 189.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators O’Brien and Knezek introduced
Senate Bill No. 404, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2017 PA 31.
The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security.
Senators Schuitmaker, Colbeck and Hansen introduced
Senate Bill No. 405, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 261.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Colbeck, Schuitmaker and Hansen introduced
Senate Bill No. 406, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 260.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Hansen, Proos, Shirkey, Booher, Meekhof, Casperson, Pavlov, Schuitmaker, Colbeck, Ananich and Hopgood introduced
Senate Bill No. 407, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 268.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Hansen, Proos, Booher, Casperson, Pavlov, Schuitmaker, Colbeck, Ananich and Hopgood introduced
Senate Bill No. 408, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 269.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 4427, entitled
A bill to exempt from disclosure certain audio and video recordings recorded by law enforcement officers with a body-worn camera in certain private places; to describe certain individuals who may request disclosure of those audio and video recordings; and to prescribe the powers and duties of certain local and state law enforcement agencies.
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. 4611, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 8, 17, 20, and 22 (MCL 431.308, 431.317, 431.320, and 431.322), as amended by 2016 PA 271.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No. 4424
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Proos as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4424, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2015 PA 188.
The bill was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 359, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9m and 9n (MCL 211.9m and 211.9n), as amended by 2016 PA 108.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
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:
This weekend I had an opportunity to visit our service chaplains at their annual meeting that was in my district. Today I would like to rise to celebrate Public Service Chaplains Appreciation Day, which is today. I would like to take a moment to recognize and honor Michigan chaplains. These folks are ministers, priests, pastors, rabbis, and imams. They work in our hospitals, prisons, military units, schools, businesses, police departments, fire departments, and universities. They provide guidance and counsel; build relationships of trust, understanding, and respect; and become close confidants to those in need. Their work helps to lift spirits and heal souls.
For those of you who may have worked with your emergency personnel, whether fire or police, you will understand some of the deeply disturbing incidents that they are oftentimes required to respond to. That takes a toll on the human psyche. The chaplains fill a need in our society. They teach us to be better listeners, and help us to understand perspectives we may or may not initially agree with, while we work together towards a common goal. They teach us to be more empathetic, and not only learn about the struggles and hardships of others, but their joys and triumphs as well. They teach us to be more tolerant, and to see that we may not hold all of the answers to the world’s deepest problems, while we embrace humility. In a climate that seems to be at times, to put it mildly, very divisive, we could all stand to embody their teachings. By learning to take care of one another, to share in the good times and the bad, we will make our state a better place.
Today, let’s just take a moment to recognize and honor the daily sacrifice of Michigan’s finest chaplains. We are all better off because of the work that they do.
Committee Reports
The Committee on Local Government reported
Senate Bill No. 342, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 109 (MCL 560.109), as amended by 2012 PA 525.
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.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Brandenburg and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government reported
House Bill No. 4286, entitled
A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 135 and 197 (MCL 280.135 and 280.197), section 197 as amended by 2013 PA 261.
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.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Brandenburg and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, May 23, 2017, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Proos, Brandenburg and Young
Excused: Senator Rocca
The Committee on Natural Resources reported
House Bill No. 4424, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2015 PA 188.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, May 24, 2017, at 12:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, May 23, 2017, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Scheduled Meetings
Judiciary - Tuesday, May 30, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)
Michigan Veterans Trust Fund Board of Trustees - Tuesday, June 6, 10:30 a.m., Lansing State Office, 5th Floor, 222 North Washington Square (284-5299)
Senate Fiscal Agency Board of Governors - Thursday, June 8, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Transportation - Thursday, May 25, 8:00 a.m., Room 1100, Binsfeld Office Building (373-5312)
Veterans, Military Affairs and Homeland Security - Thursday, May 25, 2:00 p.m., Room 1300, Binsfeld Office Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 2:22 p.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, May 25, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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