No. 63

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Thursday, September 8, 2016.

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 Hopgood—present O’Brien—present

Bieda—present Horn—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Johnson—present Robertson—present

Casperson—present Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Emmons—present Knollenberg—present Schuitmaker—present

Green—present Kowall—present Shirkey—present

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—present

Hildenbrand—present Nofs—present Zorn—present

Hood—present

Reverend Glenn McIntosh of the Renaissance Unity Church of Warren offered the following invocation:

As I arrived this morning, I got out of my car there was a surge of energy, a burst of power, and I knew angels were encamping themselves around the State Capitol Building in anticipation of our Father God arriving. He has arrived. I decree; I declare that He is in this place right now and His power can be felt. And so it is that umbrella that we perform our responsibilities as public service, not perfect servants. And because we are not perfect servants, we lean on the Almighty God. And so it is to Him that we bow our heads and we pray:

Father God, we thank You for this moment, this opportunity to serve You. As we look across the terrain of our state we know our responsibilities as elected officials to protect and serve. With that responsibility we turn to You, Father God, for strength, for purpose, guidance, and direction. We ask that with this new day You refresh, reboot, and relax us in a manner that brings forth ideas that create opportunities for people in our various communities. Father God, we trust You, we believe in You, and with that faith we know, as is said in 1 Corinthians 13:13 that through faith, hope, and love—love being the most important—all things are possible through You, Father God. And so we turn to You knowing that nothing is impossible. If you are a believer in Almighty God shout, Amen!

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Kowall moved that Senators Brandenburg, Casperson and Hansen 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 Kowall moved that the following bill, now on the order of Committee Reports, be referred to the Committee on Government Operations:

House Bill No. 5421, entitled

A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c.

The motion prevailed.

The following communication was received and read:

Office of Senate Majority Leader

September 7, 2016

I would like Senate Bill 1060 re-referred to the Senate Committee on Local Government.

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 communication was referred to the Secretary for the record.

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Ananich, Colbeck and Proos admittance to the Senate floor.

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

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

The motion prevailed.

Senator Ananich’s statement is as follows:

I have the distinct honor today, to have some guests with me today. I, first, would like to thank my colleagues on the Transportation Committee especially chairman Casperson for today passing a bill memorializing a great young man from my community.

I have Terry Johnson, who is a, unfortunately, a gold star mother to a tremendous young man back in my community, who made the ultimate sacrifice in 2010, Sergeant Joe Johnson. His loving uncle John is with us as well today. As I have said before, chairman Casperson and the colleagues on the Transportation Committee unanimously passed a bill honoring him in the Transportation Committee today, hopefully we will get that passed in the Senate and obviously, move forward to give a small honor to a wonderful young man and a great family.

If you could welcome them to the floor today, they are right here with me. It is an honor to have them and hopefully you all feel the same way.

Senators Young, Casperson, Johnson, Brandenburg and Hansen entered the Senate Chamber.

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. 5291

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

Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today:

Senate Concurrent Resolution No. 19

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

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 7, and are available at the Michigan Legislature website:

Senate Bill Nos. 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065

Senate Joint Resolution S

The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from April 1, 2016 through June 30, 2016, and are available in the Senate Business Office during business hours for public inspection:

Committee Chairperson

Agriculture Senator Joe Hune

Appropriations Senator Dave Hildenbrand

Banking and Financial Institutions Senator Darwin Booher

Commerce Senator Wayne Schmidt

Economic Development and International Investment Senator Ken Horn

Education Senator Phil Pavlov

Elections and Government Reform Senator David Robertson

Energy and Technology Senator Mike Nofs

Families, Seniors and Human Services Senator Judy Emmons

Finance Senator Jack Brandenburg

Government Operations Senator Arlan Meekhof

Health Policy Senator Mike Shirkey

Insurance Senator Joe Hune

Judiciary Senator Rick Jones

Local Government Senator Dale Zorn

Michigan Competitiveness Senator Mike Shirkey

Natural Resources Senator Tom Casperson

Oversight Senator MacGregor

Outdoor Recreation and Tourism Senator Goeff Hansen

Regulatory Reform Senator Tory Rocca

Transportation Senator Tom Casperson

Veterans, Military Affairs and Homeland Security Senator Margaret O’Brien

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 Hopgood as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 909, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60.

Senate Bill No. 911, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60.

Senate Bill No. 912, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a.

Senate Bill No. 913, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20108b (MCL 324.20108b), as amended by 2010 PA 233.

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. 5275, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, 81127, and 81133 (MCL 324.72101, 324.72115, 324.81127, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, section 81127 as amended by 1998 PA 86, and section 81133 as amended by 2014 PA 147, and by adding section 72118; and to repeal acts and parts of acts.

Substitute (S-2).

The Senate agreed to the amendment 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. 908, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts.

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. 910, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b.

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. 5291, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 20, 25e, 61a, 61c, 98, 99h, 99t, and 104c (MCL 388.1620, 388.1625e, 388.1661a, 388.1661c, 388.1698, 388.1699h, 388.1699t, and 388.1704c), sections 20, 25e, 61a, 98, 99h, and 104c as amended and section 99t as added by 2016 PA 249.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Jones and Proos introduced

Senate Bill No. 1066, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” (MCL 722.641 to 722.645) by amending the title and by adding section 3a.

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

Senators Bieda, Jones, Hertel, Knezek and Emmons introduced

Senate Bill No. 1067, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324.

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

Senators Knollenberg and Meekhof introduced

Senate Bill No. 1068, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28.

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

Senators MacGregor, Shirkey, Robertson, Knezek, Marleau and Horn introduced

Senate Bill No. 1069, 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 Zorn and Jones introduced

Senate Bill No. 1070, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 48714a.

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

Senators Green, Jones and Zorn introduced

Senate Bill No. 1071, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40113a (MCL 324.40113a), as amended by 2014 PA 281, and by adding sections 43528d and 48714b.

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

Senators Zorn and Jones introduced

Senate Bill No. 1072, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43528c.

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

Senators Meekhof, Hildenbrand, Booher, Brandenburg, Zorn, Shirkey, Marleau, Proos, Horn, Jones, MacGregor, Stamas and Bieda introduced

Senate Bill No. 1073, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; 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 Outdoor Recreation and Tourism.

Senators Zorn, Hildenbrand, Booher, Brandenburg, Shirkey, Marleau, Proos, Horn, Jones, MacGregor, Stamas and Bieda introduced

Senate Bill No. 1074, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43525b (MCL 324.43516 and 324.43525b), section 43516 as amended by 2016 PA 36 and section 43525b as added by 2013 PA 108.

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

Senators Schmidt, Hildenbrand, Booher, Brandenburg, Zorn, Shirkey, Marleau, Proos, Horn, Jones, MacGregor, Stamas and Bieda introduced

Senate Bill No. 1075, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516, 324.43532, 324.43533, and 324.43536), section 43516 as amended by 2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013 PA 108.

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

Senators O’Brien and Knezek introduced

Senate Bill No. 1076, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 636 and 637 (MCL 257.636 and 257.637).

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

Senators Knezek and O’Brien introduced

Senate Bill No. 1077, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636).

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

Senators O’Brien and Knezek introduced

Senate Bill No. 1078, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317.

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

By unanimous consent the Senate returned to the order of

Resolutions

Senator Kowall moved that further consideration of the following resolutions be postponed for today:

House Concurrent Resolution No. 3

Senate Resolution No. 76

Senate Resolution No. 75

Senate Concurrent Resolution No. 30

The motion prevailed.

Senators O’Brien and Kowall offered the following resolution:

Senate Resolution No. 196.

A resolution commemorating September 11-17, 2016, as Michigan Patriot Week.

Whereas, The Legislature recognizes that understanding American history and America’s First Principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001, attacks, the Legislature acknowledges that American citizens must take time to honor the First Principles, founders, documents, and symbols of their history; and

Whereas, The events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American and are honored in public schools across the nation on September 17 of each year as Constitution Day; and

Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the First Principles upon which America was founded and flourishes; and

Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States of America; and

Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s First Principles and have advanced American liberty; and

Whereas, The Bennington Flag, original Betsy Ross American flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, United States Honor Flag, and flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; and

Whereas, We recognize that each generation needs to renew the spirit of America based on America’s First Principles, historical figures, founding documents, and symbols of America; and

Whereas, The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week so that all may offer the reverence that is due to our free republic; now, therefore, be it

Resolved by the Senate, That we hereby commemorate September 11-17, 2016, as Michigan Patriot Week, which symbolically begins on September 11 and concludes on September 17, Constitution 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, Booher, Brandenburg, Emmons, Green, Hansen, Knollenberg, MacGregor, Marleau, Pavlov, Proos, Rocca, Warren and Zorn were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator O’Brien’s statement is as follows:

I wanted to speak briefly to the resolution which is before us—September 11-17 is known as Patriot Week—and the resolution establishes Michigan Patriot Week.

The start of Patriot Week is September 11. It is meant to recognize September 11, 2001, when over 3,000 people lost their lives in New York City and Washington, D.C. There are countless more people who include their family members who, today, still mourn. The end of Patriot Week is September 17, which is known as Constitution Day—the anniversary of signing the Constitution of our Founding Fathers. This week is meant to be a celebration of the American spirit, but to also recognize the brave men and women who have defended our country, both here within our borders and abroad. This is a time of education, of learning, and appreciating the sacrifices of the people who have come before us, and recognizing the strength of our great nation.

Throughout our history we’ve seen examples of ordinary men and women who have come together to do extraordinary things. They’ve overthrown tyranny, established a new nation, freed people from slavery, fought for the right to vote and fought for civil rights. And there is still more to do, but based on our past history we know that our great nation can continue to be great.

So this resolution is meant to honor those who have come before us, and those of us who have positions in power. We have this unique opportunity to lead our great state.

I hope that everyone will support this resolution and encourage the great American spirit so that we may continue to recognize all who have come before us and the great things they have done, and also challenge ourselves to continue to carry that mantle, and continue to do great things in the future.

Senator Casperson offered the following resolution:

Senate Resolution No. 197.

A resolution to recognize Dickinson County Healthcare System for its dedicated efforts to improve the quality of health care and patient safety.

Whereas, Dickinson County Healthcare System (DCHS), located in Iron Mountain, is a nonprofit Community Hospital that provides healthcare to the Central Upper Peninsula Region of Michigan; and

Whereas, In 2016, DCHS has been recognized for four prestigious awards that are a testament to the top quality health care provided by this facility; and

Whereas, Becker’s Hospital Review ranks DCHS in the top 100 Great Community Hospitals in the nation. A comparison group of all hospitals nationwide with 550 beds or less, not including teaching hospitals or critical access hospitals; and

Whereas, iVantage Analytics ranks DCHS in the top 100 Rural and Community Hospitals, and scored in the top 100 of Rural and Community Hospitals on iVantage’s Hospital Strength Index, which is the industry’s most comprehensive rating of rural and critical access hospitals; and

Whereas, DCHS again earned a Leapfrog Hospital Safety Score of “A” for the spring of 2016, and is one of only 26 hospitals in the state of Michigan to receive an “A” rating for this spring reporting period and as a result DCHS has now earned an “A” rating from the Leapfrog Group for 8 consecutive six-month reporting periods over the past 4 years; and

Whereas, Healthgrades awarded DCHS a 2016 Patient Safety Excellence Award for the second consecutive year, and named DCHS among the top 5 percent in the nation for patient safety for 2016; and

Whereas, DCHS is a valuable asset to the Central Upper Peninsula and is an excellent representative for the entire state of Michigan healthcare system; now, therefore be it,

Resolved by the Senate, That we hereby recognize and commend DCHS for its efforts to create a superior standard of healthcare for the protection of its patients and community, to provide piece of mind to a region that it is an entity that is committed to exceeding the established standards of patient safety and will continue to strive for excellence within its market; and be it further

Resolved, That a copy of this resolution be transmitted to Dickinson County Board of Commissioners, Iron Mountain Daily News, WJMN-TV, and WLUC-TV 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, Booher, Brandenburg, Emmons, Green, Hansen, Marleau, Proos and Zorn were named co‑sponsors of the resolution.

Senator Proos offered the following resolution:

Senate Resolution No. 198.

A resolution to declare support for protecting Michigan’s heroes and denounce those individuals who target attacks against law enforcement officers.

Whereas, Law enforcement officers are the guardians of the rights and freedoms of the American people as embodied in the founding principles of our nation; and

Whereas, The rule of law, social compact, equality, unalienable rights, and limited government are the first principles upon which America was founded and flourishes. The Legislature recognizes that America’s first principles are indispensable to the survival of our republic as a free people; and

Whereas, The Declaration of Independence, the U.S. Constitution, the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s first principles and have advanced American liberty; and

Whereas, The Bennington Flag, original Betsy Ross American Flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, United States Honor Flag, and Flag of the State of Michigan are fundamental physical symbols of American history and freedom and a daily reminder of our nation’s first principles; and

Whereas, Exceptional, visionary, and indispensable Americans, such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison, founded and advanced the United States of America, articulating and defending our first principles; and

Whereas, Law enforcement officers are charged with the day-to-day enforcement of the constitutional, legal, and social structures that have grown from our first principles to ensure the protection of our freedoms. Each day, law enforcement officers risk making the ultimate sacrifice in order to uphold justice and protect our communities. In situations in which our first principles are challenged, such as the attack on the World Trade Center on 9/11, law enforcement officers are on the front line. Despite the substantial risks they face each and every day, law enforcement officers in Michigan and throughout the United States choose to serve, protect, and safeguard our lives and property; and

Whereas, The contemptible actions of a few have resulted in negativity being directed toward their fellow law enforcement officers and have contributed to an erosion of respect for the authority of these officers throughout our country. In the United States, 123 law enforcement officers were killed in the line of duty in 2015. There were 15,725 assaults against law enforcement officers in 2014, resulting in 13,824 injuries. There are over 17,000 sworn law enforcement officers now serving in the state of Michigan. We have lost three law enforcement officers in the line of duty in 2016; and

Whereas, Law enforcement officers in a number of states have been targeted solely because of their profession. Recent attacks on police officers in Berrien County as well as Dallas, Texas, and Baton Rouge, Louisiana, highlight the dangers police officers face in the line of duty; and

Whereas, These crimes against law enforcement officers should be treated accordingly under the law. It is in the public interest that we promote awareness of and respect for the job our public safety officers perform each day. Protecting Michigan’s heroes ensures that our rights and freedoms are protected; now, therefore, be it

Resolved by the Senate, That we declare support for protecting Michigan’s heroes and denounce those individuals who target attacks against law enforcement officers; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation.

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, Booher, Brandenburg, Emmons, Green, Hansen, Knollenberg, MacGregor, Marleau, O’Brien, Pavlov, Rocca, Warren and Zorn were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Proos’ statement is as follows:

I would ask my colleagues to take a moment with me today to rise in offering this resolution, specifically because of the Michigan and American heroes which we have in our nation, who put themselves in harms’ way every day to safeguard our families and our communities.

Fifteen years ago as we know, September 11 saw one of the greatest loss of life in American history—New York, Washington, D.C., and Pennsylvania. It is a tragedy which did, in fact, unite us as Americans.

I believe that it is a testament to our nation and our nation’s resolve that when attacked we came together as a stronger nation dedicated to the ideals of freedom and liberty which make us so strong. 9/11 illustrates that freedom, the fact that it is not free; it reminds us that our great country has a great way of life worth defending. Our firefighters, police officers, EMS, brave soldiers, sailors and airmen put on a uniform every day to keep our nation safe, and to keep our communities safe.

Our nation has had a lot of challenges this last summer, a challenge which certainly has impacted each and every one of us in our communities. We appreciate law enforcement, and law enforcement must be held to the same high standards which we expect of the gentleman which stand beside me today. I believe it is important that the overwhelming majority of them meet and exceed our high expectations. We hold those accountable who do not.

As some may remember, July 11 was also a day in Berrien County in our Southwest corner of Michigan which was rocked with the tragic killing of two of the bailiffs in our courthouse. An inmate in handcuffs wrestled away a deputy’s gun, was able to gain possession of that firearm, and then ultimately used that weapon to kill two bailiffs who had served so well.

The bailiffs killed that afternoon were Joseph Zangaro, a retired Michigan State Police Lieutenant and Chief Bailiff for 13 years. Also killed was Ron Kienzle, a United States Army veteran and a retired Benton Township Police Department officer, who had worked as a Berrien County bailiff for 10 years. Both left behind friends, neighbors, co-workers and lives that were shattered and will never again be the same.

Our thoughts and prayers certainly do remain with them and their families. We are truly blessed, as each of you are in your districts, to have amazing and selfless officers who serve and protect us. May God speed them home and may God bless the men and women who serve our nation in uniform.

Today I am joined by Sheriff Paul Bailey and Courthouse Chaplain Deputy Brian Hall, representing the citizens of Berrien County, the families of our fallen heroes, and, in fact, the memories of Joseph Zangoar and Ron Kienzel.

Madame President, I would like to ask for a moment of silence at the end of this statement to honor the men and women who serve our state and our nation in uniform and for the brave first responders as we commemorate the memories of those two bailiffs in Berrien County here on this anniversary of 9/11.

Senate Concurrent Resolution No. 19.

A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51.

The question being on the adoption of the concurrent resolution,

The resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 495 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

Not Voting—0

In The Chair: President

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

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

Recess

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

The motion prevailed, the time being 10:38 a.m.

10:45 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that the Committee on Judiciary be discharged from further consideration of the following bills:

House Bill No. 4209, entitled

A bill to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for taxes, fees, and assessments; to make an appropriation; and to require the promulgation of rules.

House Bill No. 4827, entitled

A bill to establish a system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; and to provide for sanctions.

Senate Bill No. 141, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279.

Senate Bill No. 1014, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52.

House Bill No. 4210, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Kowall moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4209

House Bill No. 4827

Senate Bill No. 141

Senate Bill No. 1014

House Bill No. 4210

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

Recess

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

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

11:12 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

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 Hopgood 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. 1014, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52.

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:

House Bill No. 4209, entitled

Substitute (S-6).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 56, line 7, after “30,” by striking out “2018” and inserting “2017”.

2. Amend page 56, line 9, after “1,” by striking out “2018” and inserting “2017”.

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4827, entitled

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 amendment, the following bill:

Senate Bill No. 141, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 4, line 2, after “unless” by striking out the balance of the line and inserting “House Bill No. 4210”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:

House Bill No. 4210, entitled

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“TITLE

An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; TO MAKE AN APPROPRIATION; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.”.

2. Amend page 4, following line 14, by inserting:

“(G) “MARIHUANA PLANT” MEANS ANY PLANT OF THE SPECIES CANNABIS SATIVA L.” and relettering the remaining subdivisions.

3. Amend page 4, following line 26, by inserting:

“(J) “PLANT” MEANS ANY LIVING ORGANISM THAT PRODUCES ITS OWN FOOD THROUGH PHOTOSYNTHESIS AND HAS OBSERVABLE ROOT FORMATION OR IS IN GROWTH MATERIAL.” and relettering the remaining subdivisions.

4. Amend page 19, line 14, after “program.” by inserting “FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, $8,500,000.00 IS APPROPRIATED FROM THE MARIHUANA REGISTRY FUND TO THE DEPARTMENT FOR ITS INITIAL COSTS OF IMPLEMENTING THE MEDICAL MARIHUANA FACILITIES LICENSING ACT AND THE MARIHUANA TRACKING ACT.”.

5. Amend page 20, line 11, after “EXTRACTION” by striking out the balance of the line and inserting “IN ANY PUBLIC PLACE OR MOTOR VEHICLE, OR INSIDE OR WITHIN THE CURTILAGE OF ANY RESIDENTIAL STRUCTURE.

(7) SEPARATE PLANT RESIN FROM A MARIHUANA PLANT BY BUTANE EXTRACTION IN A MANNER THAT DEMONSTRATES A FAILURE TO EXERCISE REASONABLE CARE OR RECKLESS DISREGARD FOR THE SAFETY OF OTHERS.”.

6. Amend page 21, line 22, after “offense.” by inserting “Retroactive application of this amendatory act does not create a cause of action against a law enforcement officer or any other state or local governmental officer, employee, department, or agency that enforced this act under a good-faith interpretation of its provisions at the time of enforcement.”.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 4209

House Bill No. 4827

Senate Bill No. 141

Senate Bill No. 1014

House Bill No. 4210

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

The following bill was read a third time:

House Bill No. 4209, entitled

A bill to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules.

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. 496 Yeas—25

Ananich Hertel Knezek O’Brien

Bieda Hildenbrand Knollenberg Schmidt

Brandenburg Hood Kowall Shirkey

Emmons Hopgood MacGregor Stamas

Green Johnson Meekhof Warren

Gregory Jones Nofs Young

Hansen

Nays—12

Booher Horn Pavlov Rocca

Casperson Hune Proos Schuitmaker

Colbeck Marleau Robertson Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

Protests

Senators Colbeck, Horn and Schuitmaker, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4209.

Senators Colbeck and Horn moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statement is as follows:

I personally think this is a very sad day for all of our constituents to even have this legislation brought up before us. We have a perfectly good law in place which provides clear guidelines for care receivers, growers, and for our law enforcement community. Sadly, some communities have chosen just simply not to enforce these laws.

The legislation before us will go well beyond the constraints which were put together in the people’s legislative initiative to institute what we currently call our Medical Marihuana legislation in the state. Now they are going to go off and institute essentially what is a three-tier regulatory infrastructure similar to what we already have for alcohol.

There is a lot of money at stake for a lot of the players involved in this—a lot of money at stake for the wholesalers, the distributors, and the retailers. There is a lot of money which has been donated to lawmakers to assist them in their decision-making.

In the end all of us, our whole state, are going to be faced with the societal bill for the impact of this legislation, as well as a financial bill for what turns into a redundant regulatory infrastructure. Controlled substances are already regulated by the federal government via something called a pharmacy. We already have a dispensary system for that.

If the proliferation of Marihuana is not harmful as advocates assert, then why don’t we get the federal government to get engaged on this, and treat it as a controlled substance regulated through the pharmacy system? Bottom line is we are creating a new infrastructure to go off from and accommodate an expansion of the terms which were put forth in the people’s initiative for Medical Marihuana.

I sat through the Judiciary committee hearings on this legislation. I’ve heard all of the testimony back and forth. The majority of the folks in that Judiciary committee oppose this legislation. That is why it was discharged today for your consideration. So the folks who heard the most about what was going on with this particular policy issue said, “No way, don’t do it.” Yet, here we are. We are considering it anyway.

Now make no mistake that the end game of this legislation, with all of its societal ills, eventually is the full legalization of Marihuana in our state. That is the end game. So our good colleague from the 1st District with his constant pleas to free the weed, he should be very happy with this legislation because it moves significantly toward that end game.

Now, I personally have friends in Colorado where they have this full legalization. I’ve seen what those societal impacts are. I have friends who have had their families broken apart due to the expansion of use of Marihuana in their families. I’ve also seen how neighboring states to Colorado have been filing lawsuits because people tend to transfer the products which are delivered and sold in Colorado to the neighboring states. I don’t want Michigan to be subject to any of those lawsuits.

Now we have a regulatory environment through these bills to go off and prevent that, but please keep in mind what the end game is on this.

You guys, this isn’t the legacy which I want to leave for the citizens of Michigan. I hope you share those concerns. I truly urge a “no” vote, not only for the sake of our citizens today, but also for those yet to be born who will have to deal with the short-sighted policy before us.

Senator Horn’s statement is as follows:

Mr. President, I was assigned a task in my final days in the house with my colleague, Phil Cavanaugh from Detroit to deal with reform for the Medical Marihuana Act. I have two regrets from that time; that we did not have time to deal with dispensaries, and that we didn’t have time to deal with extracts, referred sometimes as medibles.

The problem that we are facing today is that the caregivers who are assigned to grow 12 plants per patient up to 72 plants, including themselves, are left out of this package of bills. If the caregivers are causing problems to this Medical Marihuana Act, this package of bills certainly doesn’t address those problems and the problems that they are facing are not addressed by this package of bills.

Those problems include what we referred to back then as “The Original Sin”. If you are a caregiver and growing marihuana, where do you get your seed? Where do you get a clean productive seed that is free from mold and toxins? The problem that caregivers still face today are the issues of transportation. If you are going to have a dispensary to give easier access to patients that need this product, then we certainly are not doing that for those that grow less than 100 plants. The testing can never happen because we cannot take them to the dispensaries that we are creating today. There is always the problem of excess, and that’s really where the crux of this lies. These growers are growing excess plants, excess product for the patients that they have, that they have no way to use up.

The legislation that we are considering today is creating a highly bureaucratic, I say more than a 3-tier, I say more than a 5-tier system that will require a regulation from the other side a profit margin for each of those 5 steps inside of that including the testing. This fails to address the problem other than to say, “You cannot participate as a grower or caregiver if you grow the amount of marihuana prescribed by Michigan’s Constitution. You must grow 500 to 1,000 to 1,500 plants to have access to transportation, testing and access to buyers who are not your patients”.

The 37,000 plus caregivers that we have today, protected by the constitution do not have access to this unless they decide to receive a license and grow the bigger grow. We are telling our folks that we are going to try and put you out of business if you grow less than a 100 plants, but if you grow 500, 1,000, 1,500 - now you can participate in our system and then we can solve your problems for you.

I’m thinking that more bureaucracies that you place on this, the higher the cost burden to the business side of this you create, the more the caregivers are going to be needed. The caregivers by law right now cannot make a profit on the product that they grow. They can only retain some of the cost of that growing. The state of Michigan, by Constitution, cannot tax that caregiver. Part of that is why we are creating this big bureaucratic system so that we can regulate like we do alcohol and we can tax and this helps us set up for the day when we are dealing with recreational marihuana.

I’d like to say to my colleague’s, as Michigan starts down this path of bigger government, 5-tiers of expected profit-taking, and volume of pot that exceeds today’s current patient’s needs, please remember that caregivers and patients are the only two classes protected by our Constitution and only for state law. They are the people we are leaving out of this package of bills.

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

The motion prevailed.

Senator Jones’ statement is as follows:

To say that this package of bills is free the weed is total nonsense. This is about medical marijuana. I am a former sheriff, I do not support recreational marijuana, will never support that. However, the voters of this state have created a system of medical marijuana. It is flawed.

These are not the main package, are not my bills, but I put thousands of hours trying to refine these. The Michigan State Police have been consulted, the Sheriff’s Association, the Chiefs of Police, the Prosecutors Association, the associations that represent the cities, townships, and counties, and they are all crying for help. For clarification. What we have now is totally out of control like the Wild Wild West.

We have perhaps 70 to 80 dispensaries right here in the capital city. Caregivers are growing excessive amounts of Marihuana, they are putting it in their trunks and smuggling it to these dispensaries, it’s totally illegal. But the city governments of several of our cities in Michigan have decided they don’t care. So it’s up to us to act, it’s up to us to bring clarity to this and safety. Safety for the patients.

Right now, if you have cancer your immune system has been compromised from your treatment and you go to buy this product you have no idea what you are getting; it could have mold on it, it could have bug spray on it. Many places do not test the product.

I learned from Canada that they have edible forms that they are giving to children that have horrible seizures, perhaps as many as 50 in a month. But by using a slight edible product with almost no THC in it but the cannabinoids they are able to get it down to 2 or 3. I believe there are medical needs for this.

I support the package and I urge your vote. Thank you.

The following bill was read a third time:

House Bill No. 4827, entitled

A bill to establish a statewide monitoring system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial marihuana trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; to provide for remedies; and to provide for the promulgation of rules.

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. 497 Yeas—27

Ananich Hansen Jones O’Brien

Bieda Hertel Knezek Schmidt

Booher Hildenbrand Knollenberg Shirkey

Brandenburg Hood Kowall Stamas

Emmons Hopgood MacGregor Warren

Green Hune Meekhof Young

Gregory Johnson Nofs

Nays—10

Casperson Marleau Robertson Schuitmaker

Colbeck Pavlov Rocca Zorn

Horn Proos

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 141, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279.

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. 498 Yeas—26

Ananich Hertel Knezek O’Brien

Bieda Hildenbrand Knollenberg Schmidt

Brandenburg Hood Kowall Shirkey

Emmons Hopgood MacGregor Stamas

Green Hune Meekhof Warren

Gregory Johnson Nofs Young

Hansen Jones

Nays—11

Booher Horn Proos Schuitmaker

Casperson Marleau Robertson Zorn

Colbeck Pavlov Rocca

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1014, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52.

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. 499 Yeas—26

Ananich Hertel Knezek O’Brien

Bieda Hildenbrand Knollenberg Schmidt

Brandenburg Hood Kowall Shirkey

Emmons Hopgood MacGregor Stamas

Green Hune Meekhof Warren

Gregory Johnson Nofs Young

Hansen Jones

Nays—11

Booher Horn Proos Schuitmaker

Casperson Marleau Robertson Zorn

Colbeck Pavlov Rocca

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4210, entitled

The question being on the passage of the bill,

The bill was passed, 3/4 of the members serving voting therefor, as follows:

Roll Call No. 500 Yeas—28

Ananich Hertel Jones O’Brien

Bieda Hildenbrand Knezek Proos

Brandenburg Hood Knollenberg Schmidt

Emmons Hopgood Kowall Shirkey

Green Horn MacGregor Stamas

Gregory Hune Meekhof Warren

Hansen Johnson Nofs Young

Nays—9

Booher Marleau Robertson Schuitmaker

Casperson Pavlov Rocca Zorn

Colbeck

Excused—0

Not Voting—0

In The Chair: President

Senator Kowall moved that the bill be given immediate effect.

The motion prevailed, 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 initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act,”.

The Senate agreed to the full title.

Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No. 5275

House Bill No. 5291

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

Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 884

House Bill No. 4022

Senate Bill No. 1009

House Bill No. 5283

Senate Bill No. 986

Senate Bill No. 962

House Bill No. 5429

House Bill No. 5649

House Bill No. 5650

Senate Bill No. 1019

House Bill No. 5275

House Bill No. 5291

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 884, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48.

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. 501 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

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:

House Bill No. 4022, entitled

A bill to provide for certain powers and duties for foster care caseworkers; to require monitoring of credit-related activity in foster children’s names; and to provide for the powers and duties for certain courts, state departments, and agencies.

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. 502 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

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.

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1009, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499.

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. 503 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

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:

House Bill No. 5283, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2015 PA 242, and by adding section 36a.

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. 504 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

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 concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 986, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 653 and 655 (MCL 550.1653 and 550.1655), as added by 2013 PA 4.

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. 505 Yeas—36

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hood MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Emmons Hune Nofs Stamas

Green Johnson O’Brien Warren

Gregory Jones Pavlov Young

Nays—1

Zorn

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. 962, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c.

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. 506 Yeas—26

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor

Nays—11

Ananich Hertel Johnson Warren

Bieda Hood Knezek Young

Gregory Hopgood Rocca

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The President pro tempore, Senator Schuitmaker, resumed the Chair.

The following bill was read a third time:

House Bill No. 5429, entitled

A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376).

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. 507 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

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 certain liens on certain marine property repair, service, or storage in marinas, boatyards, and marine repair facilities; to provide for the sale of certain property subject to a lien; to provide for the liability of certain persons; to provide for powers and duties of certain state departments; and to provide for the enforcement of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5649, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220.

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. 508 Yeas—30

Ananich Hood Kowall Rocca

Bieda Hopgood MacGregor Schmidt

Booher Horn Marleau Schuitmaker

Brandenburg Hune Meekhof Stamas

Gregory Johnson O’Brien Warren

Hansen Jones Proos Young

Hertel Knezek Robertson Zorn

Hildenbrand Knollenberg

Nays—7

Casperson Emmons Nofs Shirkey

Colbeck Green Pavlov

Excused—0

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5650, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220.

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. 509 Yeas—30

Ananich Hood Kowall Rocca

Bieda Hopgood MacGregor Schmidt

Booher Horn Marleau Schuitmaker

Brandenburg Hune Meekhof Stamas

Gregory Johnson O’Brien Warren

Hansen Jones Proos Young

Hertel Knezek Robertson Zorn

Hildenbrand Knollenberg

Nays—7

Casperson Emmons Nofs Shirkey

Colbeck Green Pavlov

Excused—0

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:

The Senate agreed to the full title.

Protest

Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5649 and 5650 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statements is as follows:

My colleagues I want to make sure you understand what’s in this bill. I want to make sure you make no mistake, with the understanding that a yes vote is actually leading to a defacto legalization of illegal drug use. It is not a laughing matter. You know previous legislation on this had a cap on it; an age limit of 21 years old. Where somebody experimenting with drugs with their buddy or whatever, they go to a party and it’s a bad deal and they took too much drugs and actually went to the hospital to go off and get treated on it. There was kind of this idea that they get a get out of jail free card when they are experimenting.

I actually supported legislation like this that came up there. But what this bill does is remove the cap out of the get out of jail free cards. Now I pose this legislation and committee and do now because of the age limit removal. That age limit removal, make no mistake, results in a defacto legalization of illegal drug use. All you have to do is make sure you take enough drugs, or the person that you’re with at a party, that you are going to go off and identify as taking too many drugs. All you have to do is take enough of the drugs to get hospitalized and be in an emergency condition. And if you keep on doing that you are going to keep on getting these get out of jail free cards. At what point does grace, giving grace, become enablement?

Now in committee I sought ways to go off and implement a cap on the number of get out of jail free cards that someone would get, but it was clear from the testimony that any provision that would implement such a cap would actually violate the intent of the bill. So we are left with a bill that results in the defacto legalization of illegal drug use. Now if you believe as I do that the use of drugs, especially harmful drugs, drugs that we consider illegal until now; if you believe that the use of drugs should be discouraged not enabled, not promoted, then I urge a no vote on this legislation.

The following bill was read a third time:

Senate Bill No. 1019, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17708 as amended by 2016 PA 49.

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. 510 Yeas—22

Ananich Hildenbrand MacGregor Proos

Booher Hood Marleau Schmidt

Casperson Johnson Meekhof Shirkey

Emmons Knezek Nofs Stamas

Green Knollenberg Pavlov Warren

Hertel Kowall

Nays—15

Bieda Hansen Jones Schuitmaker

Brandenburg Hopgood O’Brien Young

Colbeck Horn Robertson Zorn

Gregory Hune Rocca

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protests

Senators Colbeck and Horn, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1019 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statement is as follows:

Well, continuing today’s theme of bad legislation for our citizens, let’s put up Senate Bill 1019. This is my “No” vote explanation.

There are many concerning trends in health care today. There’s a trend in health care to replace medical doctors with PAs or RNs. There’s a trend to replace RNs with medical assistants or technicians. Patients are consistently being asked to settle for medical professionals with less training than otherwise provided in today’s statute and today’s service standards. A lot of people, and this is most concerning, a lot of people that I’ve talked to, a lot of seniors in particular, have started accepting that good enough is good enough. I’ve seen people that I respect highly that are getting up to the age where they’re being told to accept substandard treatment and they’re okay with it because they figure they have just a few more years left. Let’s just free up some resources for somebody else.

I never would have thought I would hear something like that from people as often as I’ve been hearing it. What the ACA, the Affordable Care Act also known as Obamacare, has done is essentially dumbed down our standards for good quality health care. I’m sorry, good enough is not good enough. We should demand the best for each and every one of us. When you’re sitting on an operating table, when you’re sitting there visiting your cardiologist, when you’re sitting there with a heart condition, you should be able to have access to the best medical professional available to service you — somebody with the best training that they have out there as well.

So the ACA has already done damage to our health care industry by accelerating premiums, premium increases. It’s eliminated choice and it’s also lead to rationing of care for our seniors in the Medicare Program in particular. Enough is enough.

I’ve no doubt that CNAs will provide very effective services for most cases. I’m not talking about most cases, I’m talking about the cases when you want to make sure that somebody that has seen problems happen and knows how to resolve them quickly. Keep in mind what a CNA does — they bring a patient near death, and then they revive them again.

Every one of us is different. We all have complications. The human body is one of the most complex systems you ever want to try to figure out how it works. I should know as an engineer. We don’t know everything that goes on with the human body but we need to have people that have been trained to deal with as many different circumstances as possible. The passage of this bill dilutes that ability for most of our patients.

This bill, and you’re hearing discussions from advocates of this bill, they talk about rural markets are being pushed out and they need to have somebody to go off and deliver services in that particular community. You always want to have folks available to serve you no matter where you are in our state and I support the push for making sure we have coverage throughout the state. But the fact of the matter is that the hospitals, not the hospitals in the rural areas mind you, but hospitals in general are going to be the primary beneficiaries of this legislation, as they replace anesthesiologists with CNAs. And so our so-called nonprofit hospitals actually have a little bit better bottom line, because now they can employ lower cost CNAs.

Patients, in other words the people that we represent as citizens, are the ones who are forced to accept lower and lower standards of care. So if you’re concerned about continued decrease in the quality standards in the wake of the passage of this Affordable Care Act, if you’re concerned about the continued push for mediocrity or good enough is good enough, and if you want to make sure that our citizens have the best available services with the most training in the personnel that are delivering those services, then I urge you to join me in a “No” vote on Senate Bill 1019.

Senator Horn’s vote statement is as follows:

It was not my intent to get up and speak, but I do want to provide my “No” vote explanation.

It’s very simple and I do appreciate the work that is being done by nurse anesthetists. I think they are very highly qualified to do a great job. They are great partners in a team effort. But, that really is the point—it is a team effort and every team needs a quarterback. If you are going to take the anesthesiologist out of the picture because we can’t afford them in rural areas and you are going to take the surgeon out of the picture as the quarterback then who is going to be that team leader?

The real problem with this is that it doesn’t change the scope of practice of a nurse anesthetist. They learned what they were going to do, but it changes the employer – employee relationship. That’s all this does. It takes away a required signature by the leading surgeon or physician and so for me, unless we were dealing with the scope of practice issues with these team issues, and if you are going to take away the responsibility of leading this team from that surgeon, you should also take away the liability.

A nurse anesthetist should take on that medical malpractice liability just like a surgeon would if something were to go wrong. If they want to lead the team, then by golly they ought to take the liability. With great responsibility comes strong obligation to perform and I think the nurse anesthetist’s are going to have to be very, very careful about what they ask for because the liability right now is off their shoulders, in this team effort, but they are going to ask for it back.

The following bill was read a third time:

House Bill No. 5275, entitled

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. 511 Yeas—28

Booher Hildenbrand MacGregor Robertson

Brandenburg Horn Marleau Rocca

Casperson Hune Meekhof Schmidt

Colbeck Jones Nofs Schuitmaker

Emmons Knezek O’Brien Shirkey

Green Knollenberg Pavlov Stamas

Hansen Kowall Proos Zorn

Nays—9

Ananich Hertel Hopgood Warren

Bieda Hood Johnson Young

Gregory

Excused—0

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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5291, entitled

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. 512 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

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 make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

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

The motion prevailed.

Senator Ananich’s statement is as follows:

I stand here with a heavy heart and with obvious mixed emotions — happy to see a member of my staff go on to better things but sad to see her go. Angela Vasquez-Giroux has been my press secretary and the caucus’ press secretary for 17 months now. She’s been a valuable member of the team. You’ve obviously seen her speaking on behalf of the caucus or standing with me and other members. She’s going to go on to great things and she will missed and I’d like everyone to please send her off. Obviously I pulled what my wife calls an “Ananich” where I forgot to get the seal framed. But I’ll have that done before the end of the day and before she walks out of the building. But, why would we have it any other way? Thank you.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 92, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.609d, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, 9c, and 9d as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 513 Yeas—36

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—0

Not Voting—1

Green

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senator Kowall moved that Senator Green be excused from the balance of today’s session.

The motion prevailed.

Senate Bill No. 93, entitled

A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10.

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.

Senate Bill No. 94, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 514 Yeas—36

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—1

Green

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 95, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 96, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479.

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 Rocca stated that had he been present on September 7, when the votes were taken on the passage of the following bills, he would have voted “yea”:

Senate Bill No. 727

Senate Bill No. 981

House Bill No. 5494

House Bill No. 5495

House Bill No. 5496

House Bill No. 5497

House Bill No. 5498

House Bill No. 5499

House Bill No. 5500

House Bill No. 5501

House Bill No. 5503

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 997

Senate Bill No. 998

Senators Ananich and Kowall asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Ananich’s statement is as follows:

This morning I woke up early and decided to write a statement for today, which I don’t do very often. As one of the 38 stewards of the tax payer’s money and more importantly the spokesman for my community, I wanted to take a moment to rise and address you.

I think it is important to remind all of us that we are fast approaching September 24th, which is the one year anniversary of Dr. Mona courageously coming forward in the face of vocal opposition and frankly, outright attacks from members of the DEQ, DHHS and the Governor’s office to speak up and prove that the water coming out of the pipes in Flint was not safe. It is going on the 3rd year that residents, myself included, have been forced to drink this unsafe water that we all now know that members of those same departments I listed along with multiple Emergency Managers knew the water was unsafe and continued to lie to my constituents and frankly to all of us.

To date, less than 50 pipes have been replaced and water quality professionals from EPA, DEQ and Virginia Tech still tell citizens in my community to only drink filtered water or bottled water. This body has appropriated millions of dollars to help address some of the problems caused by those departments, and the Emergency Mangers and for that I thank you. But there is still more to be done.

As a member of the Flint Water Committee, there were obvious recommendations that arose from the testimony that would address accountability, oversight and many other issues that would make sure this doesn’t happen to my communities or the communities you represent, and I believe we should enact them.

But first and foremost we have an opportunity in the short term to use our vote to be our voice. The Constitutional obligation of Advice and Consent was started yesterday with a hearing for the new DEQ Director Appointee and I believe it is our responsibility to finish it with a vote by this body.

With man-made environmental issues like the oil spill in the Kalamazoo River, the issues on the base up north, the Dioxin in Washtenaw County and the Crisis in my community to name a few, we should have our voices counted and stand by our vote whether it be yes or no. The citizens of our State need to know that we will hold accountable the people that are charged with keeping them and this entire beautiful State safe.

Senator Kowall’s statement is as follows:

I want to thank my colleagues in the Senate, in the passage of Senate Bill No. 1019. I want to share my colleague from the 23rd District and that I will continue to work with him to meet all the needs that he was looking to put in this bill, and we will continue or work until it’s to his satisfaction. And with that I move that when the Senate adjourns today that we stand adjourned until Tuesday, September 20th at 10:00 a.m.

Senator Kowall moved that when the Senate adjourns today, it stand adjourned until Tuesday, September 20, at 10:00 a.m.

The motion prevailed.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 982, entitled

A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), section 1 as amended by 2009 PA 44 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15.

With the recommendation that the substitute (S-2) 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, 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

Senate Bill No. 983, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 984, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 985, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1028, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1045, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5273, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5542, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5543, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5544, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, September 6, 2016, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda

Excused: Senator Rocca

The Committee on Appropriations reported

Senate Concurrent Resolution No. 19.

A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51.

(For text of resolution, see Senate Journal No. 104, p. 1878.)

With the recommendation that the concurrent resolution be adopted.

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

House Bill No. 4388, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.

With the recommendation that the bill 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, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

House Bill No. 5291, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 107, 147, 147a, 147c, 152a, 166, 201, 201a, 202a, 203, 206, 207a, 207b, 207c, 209, 210b, 210c, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1810c, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 4, 203, 219, 220, 223, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, section 6 as amended by 2016 PA 56, sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 98, 99h, 101, 104, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 210c, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20j, 21, 21g, 31b, 54b, 61c, 95b, 99t, 152b, and 167a; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-3) 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, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

House Bill No. 5421, entitled

A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c.

With the recommendation that the bill 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, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, September 7, 2016, 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

The Committee on Regulatory Reform reported

Senate Bill No. 1015, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A.

With the recommendation that the substitute (S-2) 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 Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel

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. 1016, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A.

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 Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 1025, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130.

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 Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

Nays: Senator Rocca

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, September 7, 2016, at 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel

Excused: Senators Rocca (C) and Johnson

Scheduled Meetings

Legislative Council - Tuesday, September 20, 12:30 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Senate Fiscal Agency Board of Governors - Wednesday, September 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 12:47 p.m.

In pursuance of the order previously made, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, September 20, 2016, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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