No. 40
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Tuesday, May 6, 2014.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present Pappageorge—present
Anderson—present Hopgood—present Pavlov—present
Bieda—present Hune—present Proos—present
Booher—present Hunter—present Richardville—present
Brandenburg—present Jansen—present Robertson—present
Casperson—present Johnson—present Rocca—present
Caswell—present Jones—present Schuitmaker—present
Colbeck—present Kahn—present Smith—present
Emmons—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Senator Steven M. Bieda of the 9th District offered the following invocation:
Would you all please join me for a word of thanks to our Creator. I wish for peace around the world, our nation, and our state; for a healthy environment and a strong economy and the best wishes for the citizens of our state; and for the health and welfare of everyone who lives and resides in the state of Michigan. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Ananich entered the Senate Chamber.
Senator Hopgood moved that Senators Hunter, Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senators Richardville and Green be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Young admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received:
Department of State Police
May 1, 2014
Enclosed is the FY13 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program.
This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. Copies of this report are transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the House Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s Association of Michigan.
The report will be accessible on our web site at www.michigan.gov/ohsp .
Should you have any questions about this report, please contact Mr. Spencer Simmons at (517) 241-2556.
Sincerely,
Michael L. Prince, Director
Office of Highway Safety Planning
The communication was referred to the Secretary for record.
The Secretary announced that the following bills were printed and filed on Thursday, May 1, and are available at the Michigan Legislature website:
House Bill Nos. 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506
The Secretary announced that the following bills were printed and filed on Friday, May 2, and are available at the Michigan Legislature website:
Senate Bill Nos. 919 920 921 922 923 924 925
House Bill Nos. 5507 5508 5509 5510 5511 5512 5513 5514 5515 5516
Senator Richardville entered the Senate Chamber.
Messages from the Governor
The following messages from the Governor were received and read:
April 10, 2014
I respectfully submit to the Senate the following appointment to office:
Michigan Economic Development Corporation Executive Committee
David E. Meador of 1590 Cranbrook Drive, Troy, Michigan 48084, county of Oakland, representing the private sector, succeeding Paul Hillegonds, is appointed for a term expiring April 5, 2020.
April 22, 2014
I respectfully submit to the Senate the following appointment to office:
Judicial Tenure Commission
Melissa B. Spickler of 151 Manorwood Drive, Bloomfield Hills, Michigan 48304, county of Oakland, representing the Governor, succeeding Brenda Lawrence, is appointed for a term expiring December 31, 2016.
April 23, 2014
I respectfully submit to the Senate the following appointment to office:
Health Information Technology Commission
Rodney Davenport of 30705 Springland Street, Farmington Hills, Michigan 48334, county of Oakland, designee of the director of the Department of Technology, Management and Budget, succeeding David Behen, is appointed for a term expiring August 3, 2016.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
11:20 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Hunter, Young, Johnson and Green entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Meekhof 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 Jansen 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 with a substitute therefor, the following bill:
Senate Bill No. 211, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
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. 777, entitled
A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
Senate Bill No. 777
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 741
Senate Bill No. 742
Senate Bill No. 777
The motion prevailed.
Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Young’s statement is as follows:
Mr. President, I would like to begin with a quote: “We must never forget why we have and why we need our military. Our armed forces exist solely to ensure our nation is safe so that each and every one of us can sleep soundly at night, knowing we have guardians at the gates.”
I rise to honor Army Staff Sergeant Jor-el Williams. Originally from Holt, he joined the United States Air Force in 2008. Tomorrow, he, his wife Cherrell, and son Jaden will be leaving for the Air Force base in Okinawa, Japan, where he will be stationed for four years before heading to Germany for another three years.
I want to say that there is no more right example than that of a man of valor, a man who is willing to give the ultimate sacrifice of his life for the freedoms that we so richly have in this country. So it is my honor and privilege to thank Staff Sergeant Jor-el Williams for his service to this great nation. Please help me welcome and honor him with this certificate from the state of Michigan.
The following bill was read a third time:
Senate Bill No. 741, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16181 (MCL 333.16181), as amended by 2014 PA 41.
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. 214 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 742, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 213 (MCL 339.213).
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. 215 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 777, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Anderson offered the following amendments:
1. Amend page 29, line 1, by striking out all of section 384.
2. Amend page 30, line 3, by striking out all of section 385.
The amendments were not adopted, a majority of the members serving not voting therefor.
The President pro tempore, Senator Schuitmaker, assumed the Chair.
Senator Hopgood offered the following amendment:
1. Amend page 31, following line 14, by inserting:
“Sec. 386. By February 1, from the appropriations in part 1, the department shall submit a report on the impact of Michigan’s truck weight limits on the lifespan of roads. The study shall specifically analyze the impact of varied per-axle weight limits on the lifespan of roads. The report shall be an independent study that is prepared by a disinterested and impartial third party. The report shall be submitted to the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 216 Yeas—14
Ananich Hood Jones Warren
Anderson Hopgood Rocca Whitmer
Bieda Hunter Smith Young
Gregory Johnson
Nays—24
Booher Green Kowall Pavlov
Brandenburg Hansen Marleau Proos
Casperson Hildenbrand Meekhof Richardville
Caswell Hune Moolenaar Robertson
Colbeck Jansen Nofs Schuitmaker
Emmons Kahn Pappageorge Walker
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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. 217 Yeas—27
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Hunter Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Green Kahn Pavlov
Nays—11
Ananich Gregory Johnson Whitmer
Anderson Hood Smith Young
Bieda Hopgood Warren
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Anderson, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 777.
Senator Anderson’s statement is as follows:
There are many reasonable things in this budget, but it came up short in some important ways, things that could have easily been fixed. Hopefully, there will be another opportunity to do so if it goes to conference committee.
We have precious General Fund money going toward niche projects that could be better used to support other programs, such as Healthy Kids Dental or the Summer Youth Initiative. There is $11.5 million identified in this budget alone. We are funding projects for private businesses instead of helping those who need it the most.
Moreover, this budget does little to address the systemic problems of our state’s infrastructure. The only way any of us in this room could be unaware of our state’s road problems is if you walk to work, and then you might be hit by a stone that flew up from the road.
I would be happy to support a comprehensive transportation budget and an overall budget plan that adamantly addresses the needs of our state. This bill before us accomplished neither, and as such, I have voted “no.”
Senators Anderson, Young, Hopgood and Casperson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Anderson’s statement is as follows:
Colleagues, I rise to offer this amendment to the Transportation budget bill before us that removes unnecessary language restricting DRIC or any other international crossing bridge between Detroit and Windsor. The continued opposition to any efforts to build a new span across the Detroit River is misguided, and it disregards the economic impact such a crossing would have on our state’s trade and commerce.
Canada is the United States’ top trading partner. According to a study with the Anderson Economic Group, the country accounts for about $350 million in exports and $330 million in imports. It should come as no surprise that over half of the nation’s trade with Canada goes through Michigan, with $200 billion crossing the border in Detroit and Port Huron each year.
Detroit’s border crossings combine to make it the busiest commercial border crossing in the United States, with more than $120 billion worth of goods crossing the border solely in Detroit each year. In 2008, Detroit was the highest valued land trade crossing in the United States and the fifth-highest valued trade center in the world.
The numbers in this report should trump the words in this bill. With all the statistics supporting another international bridge crossing, it’s hard to believe that some legislators are still so intent on opposing any type of new bridge that they feel the need to include stringent and restrictive language in this bill against it.
It is time for the Legislature to stop beating a dead horse. Get out of the way of the new crossing, and let the jobs and improved trade and economic activity that will come, come with it. I call on my colleagues on both sides of the aisle to support this amendment, and strike this unnecessary anti-DRIC language from the bill.
Senator Young’s statement is as follows:
I like to argue like the next man. I like a good slap and tickle, whatever, but the fact of the matter is this argument is over. We have had this discussion time and time again. If the bridge is not used to its capacity, then why aren’t we building its twin span? This argument is simple: There is one person who has a bridge who doesn’t want anyone building a bridge next to him. I can understand that; it makes sense from his perspective. The problem is the other practices that have been going on and engaged in by this man in terms of doing his business. They have been such a detriment to the people who are there that we not only need a new bridge for economic purposes, but also so we can have a better quality of life within the area. As we know, building a bridge affects the quality of life and people who live there.
We had this issue and the argument about community benefits or stakeholder agreements. But that was thrown out. I am just so tired of this. You have a better chance of proving that the world is flat or that Sasquatch lives in the U.P. than to prove that we don’t need this project. I am tired of my district being played with by politics. I am tired of people going on here speaking on this issue who have no idea what is going on in the community. They have no idea what is going on in Detroit, and they, quite frankly, don’t care.
Let’s just call this what it is. There is one person who doesn’t want the bridge because he doesn’t want competition, and there is another person who thinks it is economic bull unless everyone either votes their conscience on this issue or stops talking about it.
This amendment is good. The argument is pointless. I don’t know why we are having this discussion. So for the sake of sanity, let’s vote for this amendment.
Senator Hopgood’s statement is as follows:
I rise to speak in support of my amendment which would call for an independent study to determine the impact of weight limits on our roads. We know that Michigan’s weight limits for trucks on the roads are double that of most other states. We have also heard that the per-axle weight distribution does not affect wear and tear on our roads. However, the public seems to find that a little hard to believe, and it seems prudent that we now call for a new study on this issue, as it has been decades since the last study.
A new independent study could be very helpful as we consider long-term solutions to the problems that have plagued our roads for far too long. I ask my colleagues for their support of this amendment.
Senator Casperson’s statement is as follows:
I rise to ask my colleagues to vote “no” on this amendment. Having been in this industry my entire life, far too often people make accusations about these types of things, and I believe they are driven by emotion. I have experienced it. If we want to cut these weights back, as I hear we do, you can pretty much double most of the trucks on the road today. I have experienced the smaller trucks versus the heavier trucks with the multi-axles. In one particular job, we couldn’t figure out what happened after about a month of being in there. We brought in some trucks from Wisconsin—smaller trucks—and they almost exploded the road because of the distribution of the pounds per square inch on the road. After a month on the roads, they were destroyed.
I have seen it, experienced it. This is an emotional issue, and I understand that, but let’s stay with the facts and studies. Please vote “no” on this amendment.
Recess
Senator Meekhof moved that the Senate recess until 1:00 p.m.
The motion prevailed, the time being 11:56 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 34
Senate Resolution No. 123
The motion prevailed.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 142
The resolution consent calendar was adopted.
Senator Nofs offered the following resolution:
Senate Resolution No. 142.
A resolution in support and recognition of National Train Day.
Whereas, America is celebrating National Train Day on May 10, 2014, a commemoration of the completion of America’s First Transcontinental Railroad; and
Whereas, In 2013, Amtrak provided statewide passenger rail travel to over three-quarters of a million Michigan travelers; and
Whereas, The expansion of high-speed and intercity passenger rail has become a priority in building the 21st century national infrastructure; and
Whereas, Michigan’s 22 railroad stations are a source of civic pride, a gateway to our communities, and a tool for economic growth that creates transportation-oriented development and livable communities; and
Whereas, A healthy freight and passenger rail network is essential to keeping the American economy moving efficiently; and
Whereas, Amtrak continues to work with Michigan on the development of the next generation of high-speed and intercity passenger rail trains which will create good jobs and grow the American manufacturing base; and
Whereas, Amtrak ridership has grown more than 50 percent since 2000, and the railroad carried 31.6 million passengers in 2013, making it the best year in the company’s history; and
Whereas, On May 10, 1869, the “Golden Spike” was driven into the final tie at Promontory Summit, Utah Territory, to join the Central Pacific and the Union Pacific Railroads, ceremonially completing the First Transcontinental Railroad; now, therefore, be it
Resolved by the Senate, That we hereby recognize May 10, 2014, as National Train Day in the state of Michigan and congratulate Amtrak on 43 years as America’s railroad; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Association of Railroad Passengers and Amtrak as a token of our esteem.
Senators Anderson, Bieda, Booher, Brandenburg, Gregory, Hansen, Hildenbrand, Hopgood, Jones, Kowall, Marleau, Proos, Richardville and Robertson were named co‑sponsors of the resolution.
Introduction and Referral of Bills
Senators Casperson, Pavlov, Robertson, Booher, Green, Marleau, Jones, Nofs and Proos introduced
Senate Bill No. 926, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102 and 40112 (MCL 324.40102 and 324.40112), section 40102 as amended by 2007 PA 48 and section 40112 as amended by 1996 PA 316.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senators Pavlov, Casperson, Robertson, Booher, Green, Marleau, Jones, Nofs and Proos introduced
Senate Bill No. 927, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senators Hildenbrand and Marleau introduced
Senate Bill No. 928, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 109 (MCL 388.1709), as amended by 2011 PA 62.
The bill was read a first and second time by title and referred to the Committee on Education.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof 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 pro tempore, Senator Schuitmaker, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having assumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 762, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2013 PA 60.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 762
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 762, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 201a, 202a, 206, 209, 210b, 217, 224, 225, 229, 229a, 229b, and 230 (MCL 388.1801, 388.1801a, 388.1802a, 388.1806, 388.1809, 388.1810b, 388.1817, 388.1824, 388.1825, 388.1829, 388.1829a, 388.1829b, and 388.1830), sections 201, 201a, 206, 209, 224, 225, 229, 229a, and 230 as amended and sections 210b and 229b as added by 2013 PA 60 and section 217 as amended and section 202a as added by 2012 PA 201, and by adding sections 207a, 207b, and 207c.
The question being on the passage of the bill,
Senator Anderson offered the following amendments:
1. Amend page 5, line 26, after “from” by striking out the balance of the subsection and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY.”.
2. Amend page 6, line 16, after “$8,533,600.00,” by striking out the balance of the line through “$6,800,000.00” on line 17 and adjusting the subtotals, totals, and enacting section 1 accordingly.
The question being on the adoption of the amendments,
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:09 p.m.
1:17 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator Hansen.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 218 Yeas—16
Ananich Gregory Hunter Smith
Anderson Hansen Johnson Warren
Bieda Hood Jones Whitmer
Green Hopgood Rocca Young
Nays—22
Booher Hildenbrand Meekhof Proos
Brandenburg Hune Moolenaar Richardville
Casperson Jansen Nofs Robertson
Caswell Kahn Pappageorge Schuitmaker
Colbeck Kowall Pavlov Walker
Emmons Marleau
Excused—0
Not Voting—0
In The Chair: Hansen
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. 219 Yeas—25
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Hunter Moolenaar Robertson
Colbeck Jansen Nofs Schuitmaker
Emmons Kahn Pappageorge Walker
Green
Nays—13
Ananich Hood Jones Warren
Anderson Hopgood Rocca Whitmer
Bieda Johnson Smith Young
Gregory
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
Senators Anderson and Jones asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Anderson’s statement is as follows:
Colleagues, I rise to offer an amendment to the Community Colleges budget before us that would replace the $47.6 million in the School Aid Fund that is currently being allocated for this budget with General Fund money. Over the last three years, this Legislature has taken nearly $450 million in School Aid Fund money and shifted it to the Community Colleges budget instead.
While I commend our chair for reducing the transfer from the School Aid Fund, the harm to our public schools and Michigan voters is just as severe. That is why I am continuing to fight this and any other use of School Aid Fund dollars for anything other than our K-12 schools. The inappropriate use of $47.6 million from the School Aid Fund in this budget is in direct conflict with the voters’ intent when they passed Proposal A. If you ask people in your district, they’ll overwhelmingly tell you that was their intent.
It also continues to pit our educational priorities against each other and hinder our kids’ success, whether they are in our primary schools, community colleges, or colleges and universities. What good are well-funded community colleges if students coming out of high school aren’t prepared to attend them? I understand the role and value of our community colleges in educating our young people and preparing them for the job market, but taking from Peter to pay Paul is no way to accomplish this.
We should be funding them with General Fund dollars, not School Aid Fund money. This amendment will remedy that, and I urge all of my colleagues to support it.
Senator Jones’ statement is as follows:
Through you to my distinguished colleague on the other side of the aisle, I agree that School Aid Fund money should stay in K-12. I believe that was the original idea behind Proposal A that former Governor Engler provided us. However, it was said the last three years, I would like to remind my colleague that Governor Granholm was the first Governor to remove money from the School Aid Fund and put it into community colleges so that it could be backed out of there and put into the General Fund; thus, stealing from the children.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 768, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2013 PA 60.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 768
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 768, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236a, 236b, 236c, 241, 245, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 272a, 273, 274, 274a, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1845, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1872a, 388.1873, 388.1874, 388.1874a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 236, 236a, 236b, 241, 245, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 236c and 272a as added by 2013 PA 60 and sections 256, 283, and 284 as amended by 2012 PA 201, and by adding section 271a.
The question being on the passage of the bill,
Senator Hood offered the following amendments:
1. Amend page 6, line 10, after “IS” by striking out the balance of the subsection and inserting “$1,401,435,000.00, APPROPRIATED FROM STATE GENERAL FUND/GENERAL PURPOSE MONEY.” and adjusting the subtotals, totals, and enacting section 1 accordingly.
2. Amend page 6, line 16, by striking out all of line 16 through “$2,000,000.00” on line 17.
3. Amend page 6, line 20, after “FROM” by striking out the balance of the subsection and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY.” and adjusting the subtotals, totals, and enacting section 1 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 220 Yeas—18
Ananich Gregory Johnson Smith
Anderson Hansen Jones Warren
Bieda Hood Nofs Whitmer
Caswell Hopgood Rocca Young
Green Hunter
Nays—20
Booher Hildenbrand Marleau Proos
Brandenburg Hune Meekhof Richardville
Casperson Jansen Moolenaar Robertson
Colbeck Kahn Pappageorge Schuitmaker
Emmons Kowall Pavlov Walker
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Warren offered the following amendments:
1. Amend page 30, line 10, by striking out all of section 273.
2. Amend page 37, following line 3, by inserting:
“Enacting section 2. Section 273 of the state school aid act of 1979, 1979 PA 94, MCL 388.1873, is repealed.” and renumbering the remaining enacting section.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Young offered the following amendments:
1. Amend page 30, line 17, by striking out all of section 274.
2. Amend page 37, following line 3, by inserting:
“Enacting section 2. Section 274 of the state school aid act of 1979, 1979 PA 94, MCL 388.1874, is repealed.” and renumbering the remaining enacting section.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Colbeck offered the following amendment:
1. Amend page 29, following line 23, by inserting:
“SEC. 271B. BY OCTOBER 15 OF EACH YEAR, EACH PUBLIC UNIVERSITY RECEIVING FUNDS UNDER SECTION 236 SHALL SUBMIT A REPORT TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR ON THE NUMBER OF STUDENTS WHO HAD HEALTH INSURANCE AND THE NUMBER OF STUDENTS WHO DID NOT HAVE HEALTH INSURANCE IN THE PREVIOUS FISCAL YEAR. THE REPORT SHALL ALSO INCLUDE HOW MUCH EACH UNIVERSITY SPENT ON HEALTH SERVICES FOR UNINSURED STUDENTS.”.
The amendment was adopted, a majority of the members serving voting therefor.
Senator Whitmer offered the following amendments:
1. Amend page 31, line 10, by striking out all of section 274a.
2. Amend page 37, following line 3, by inserting:
“Enacting section 2. Section 274a of the state school aid act of 1979, 1979 PA 94, MCL 388.1874a, is repealed.” and renumbering the remaining enacting section.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 221 Yeas—12
Ananich Gregory Johnson Warren
Anderson Hood Rocca Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Hunter Moolenaar Robertson
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Green Kahn
Excused—0
Not Voting—0
In The Chair: Hansen
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 222 Yeas—23
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Colbeck Hunter Moolenaar Schuitmaker
Emmons Jansen Pappageorge Walker
Green Kahn Pavlov
Nays—15
Ananich Gregory Jones Warren
Anderson Hood Nofs Whitmer
Bieda Hopgood Rocca Young
Caswell Johnson Smith
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Colbeck offered to amend the title to read as follows:
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236a, 236b, 236c, 241, 245, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 272a, 273, 274, 274a, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1845, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1872a, 388.1873, 388.1874, 388.1874a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 236, 236a, 236b, 241, 245, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 236c and 272a as added by 2013 PA 60 and sections 256, 283, and 284 as amended by 2012 PA 201, and by adding sections 271a and 271b.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Young’s statement is as follows:
I would like to start with a quote from my esteemed colleague from the 7th District: “A one-year appropriations bill is not the place for policy discussions.” I couldn’t agree more. I rise to offer an amendment to the Higher Education budget that would remove the boilerplate language on stem cell reporting. For the third year in a row, my Republican colleagues have seen fit to include language in the Higher Education budget that pushes a conservative agenda and unduly limits lucrative and life-saving stem cell research. Colleagues, you should all take a nod from the movie Frozen and let it go.
Two and a half million Michigan citizens voted to pass Proposal 2 in 2008 to expand stem cell research in the pursuit of cures in Michigan. Yet Republican legislators aren’t willing to change with the times, even though the times technically changed six years ago. What is it with the leadership of this body’s opposition to and interference with voter intent?
This isn’t the only blatant violation of the democratic process in this bill, as the Higher Education budget’s misappropriation of School Aid Fund dollars also violates Proposal A. This stem cell research holds so much promise, creating jobs and pursuing cures. We should be supporting our universities and their efforts toward scientific advancement, not acting as activist legislators pushing a socially conservative agenda.
As this administration tried to tout our state as a destination for high-tech jobs and research, you are actively undermining those efforts by sending a message that this type of research, the type that is curing diseases and saving lives, is not welcome in this state. With that kind of attitude, your party needs to change your Twitter hashtag from #ComebackState to #GetOutState.
My amendment would simply remove this misguided language and eliminate the red tape that could impede our medical progress in this state. Our world-class universities are a major contributor to our economy and the medical industry, and we should not be stifling their pursuit of important research and scientific breakthroughs.
The state should be supporting this great work, not wielding its purse strings to push an extreme agenda. I ask for your support of my amendment.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:55 p.m.
2:45 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof 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 pro tempore, Senator Schuitmaker, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 763, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 7, following line 13, by inserting:
“Statewide trauma system....................................................................................................... 100”.
2. Amend page 7, line 14, by striking out “24,421,500” and inserting “24,421,600”.
3. Amend page 7, line 26, by striking out “8,105,700” and inserting “8,105,800” and adjusting the subtotals, totals, and section 201 accordingly.
4. Amend page 14, line 13, by striking out “1,179,413,400” and inserting “1,179,413,500”.
5. Amend page 14, line 15, by striking out “399,495,500” and inserting “399,495,600”.
6. Amend page 15, line 10, by striking out “12,448,175,800” and inserting “12,448,176,000”.
7. Amend page 15, line 14, by striking out “12,882,110,000” and inserting “12,882,110,200”.
8. Amend page 15, line 17, by striking out “9,259,377,700” and inserting “9,259,377,900” and adjusting the subtotals, totals, and section 201 accordingly.
9. Amend page 51, following line 22, by inserting:
“Sec. 720. From the funds appropriated in part 1 for the statewide trauma system, the department shall allocate funds to establish and operate statewide systems for trauma, stroke, ST segment elevation myocardial infarction, perinatal, and other time-dependent systems of care.”.
10. Amend page 67, line 8, after “1764,” by inserting “1815,”.
11. Amend page 77, following line 4, by inserting:
“Sec. 1815. From the funds appropriated in part 1 for health plan services, the department shall not implement a capitation withhold as part of the overall capitation rate schedule that exceeds the 0.19% withhold administered during fiscal year 2008-2009.”.
12. Amend page 80, following line 14, by inserting:
“Sec. 1848. It is the intent of the legislature that the healthy kids dental program be expanded in fiscal year 2015-2016 to cover Kent, Oakland, and Wayne counties.”.
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.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 763
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 763, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Gregory offered the following amendments:
1. Amend page 14, line 22, by striking out “198,120,700” and inserting “265,735,300”.
2. Amend page 15, line 10, by striking out “12,448,175,800” and inserting “12,515,790,400”.
3. Amend page 15, line 14, by striking out “12,882,110,000” and inserting “12,949,724,600”.
4. Amend page 15, line 17, by striking out “9,259,377,700” and inserting “9,303,692,300”.
5. Amend page 15, line 23, by striking out “1,675,248,900” and inserting “1,698,548,900” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 223 Yeas—14
Ananich Hildenbrand Marleau Warren
Anderson Hood Robertson Whitmer
Bieda Hopgood Smith Young
Gregory Johnson
Nays—23
Booher Green Kowall Proos
Brandenburg Hansen Meekhof Richardville
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn Pavlov
Excused—0
Not Voting—1
Hunter
In The Chair: Schuitmaker
Senator Hopgood moved that Senator Hunter be excused from the balance of today’s session.
The motion prevailed.
Senator Warren offered the following amendments:
1. Amend page 3, line 12, by striking out “19,835,800” and inserting “30,455,700”.
2. Amend page 3, line 19, by striking out “57,854,100” and inserting “68,474,000”.
3. Amend page 4, line 1, by striking out “15,101,100” and inserting “25,721,000”.
4. Amend page 16, line 13, by striking out “100” and inserting “5,000,000”.
5. Amend page 16, line 15, by striking out “15,906,600” and inserting “20,906,500”.
6. Amend page 16, line 21, by striking out “11,042,400” and inserting “16,042,300” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hopgood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 224 Yeas—17
Ananich Hansen Jones Smith
Anderson Hood Marleau Warren
Bieda Hopgood Rocca Whitmer
Emmons Johnson Schuitmaker Young
Gregory
Nays—20
Booher Green Kowall Pavlov
Brandenburg Hildenbrand Meekhof Proos
Casperson Hune Moolenaar Richardville
Caswell Jansen Nofs Robertson
Colbeck Kahn Pappageorge Walker
Excused—1
Hunter
Not Voting—0
In The Chair: Schuitmaker
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 225 Yeas—32
Ananich Green Kahn Proos
Anderson Gregory Kowall Richardville
Bieda Hansen Marleau Robertson
Booher Hildenbrand Meekhof Rocca
Brandenburg Hune Moolenaar Schuitmaker
Casperson Jansen Nofs Smith
Caswell Johnson Pappageorge Walker
Emmons Jones Pavlov Whitmer
Nays—5
Colbeck Hopgood Warren Young
Hood
Excused—1
Hunter
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 763 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 statement is as follows:
I rise with an explanation of my “no” vote for this budget. While I do appreciate a lot of the work that has been put into this by the good chair, there was one fundamental question that was asked during the Appropriations Committee process which dealt with whether or not this budget will make it more or less likely that the repeal provisions of the Medicaid expansion bill that was passed would be mitigated or expedited. I wanted to get a very concrete explanation as to whether or not we are helping or hurting toward that end because, as many of you realize, I am in staunch opposition to that Medicaid expansion bill for a variety of reasons, the least of which is that Medicaid may provide expanded coverage, but does not provide good care.
One of the things I am very concerned about is the possibility of automated repeal due to those provisions. Without that information, I can’t make a determination as to whether or not this is a good bill.
Senators Gregory, Warren and Moolenaar asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Gregory’s statement is as follows:
I rise to offer this amendment which would provide funding to expand the successful Health Kids Dental program to Wayne, Oakland, and Kent Counties, the only counties still unnecessarily excluded from the program. I would say that I do appreciate my colleague offering an amendment that would say it is the intent of their Legislature to fund the Healthy Kids Dental for these counties in 2016, but, of course, by then, these kids would have gone a year without any kind of coverage. What I am offering in this amendment is to have coverage for this year.
Healthy Kids Dental has proven beneficial in 78 other counties across Michigan and is being implemented in two more in October, so it seems logical that we could expand it statewide. Wayne, Oakland, and Kent Counties have some of the highest populations of any counties in the state, and because of that, they have the greatest need for this coverage.
Tooth decay poses a significant threat to the oral health of children and can lead to tooth pain and infections. These problems can in turn affect kids’ ability to eat, their speech, and even their learning. Healthy Kids Dental is a proven program that has been recognized nationally as a successful model for increasing low-income children’s access to quality dental care. Expanding it shouldn’t be a debate and certainly shouldn’t be a dispute.
The next question would be where is the money going to come from? Well, as of last year’s fund balance for the state of Michigan, we had $508 million. The cost for these three counties getting Healthy Kids Dental would be $23 million. It doesn’t seem like a whole lot to ask for the health and welfare of the children of the state of Michigan.
My amendment simply fulfills the promises the state has made, and I ask for your support.
Senator Warren’s statement is as follows:
Many of you in this chamber know that I am a pretty passionate advocate for those among us who suffer from mental illness and developmental disabilities. I have had the pleasure of working in a very bipartisan way with both colleagues on the other side of the aisle in this chamber and on the other side of the dome in the House for more than a year now to put together a set of recommendations to remove barriers to accessing this critical and important mental health care that families so richly deserve.
The Governor’s recommendation as presented to this committee whose budget is before us included an appropriation to help fulfill the recommendations that the Mental Health and Wellness Commission had made. This budget has a placeholder of $200 instead of the $15 million of much-needed funds that this community is counting on for their mental health and the support of their families.
So my amendment seeks to restore the Governor’s recommended funds and remind my colleagues in this chamber that this is a really important issue to a lot of our families. It truly means the difference between our citizens having the needed care, the support for their independence, and their livelihood. We all stood together on the spread the word to end the R-word day, and we all voted 38-0 to implement the first recommendation of this Mental Health and Wellness Commission.
Colleagues, let’s do the right thing today, and make sure this funding is in this budget. I ask for your support.
Senator Moolenaar’s statement is as follows:
I rise before you today to speak about the Department of Community Health budget before us. We built this budget based on available resources that preserve critical health care services, such as payments to our rural hospitals in need. We have also increased funding for student loan repayment, expanded Healthy Kids Dental, and added funding and innovation to our state’s GME program. We have also increased funding for screenings for breast cancer and adult foster care services.
By supporting this budget recommendation, we will continue to promote policies that encourage physicians to practice in Michigan, ensure access to care in underserved areas, and protect the health of new and expectant mothers.
I urge my Senate colleagues to vote “yes” on this bill.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Pappageorge, Colbeck, Bieda and Whitmer asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Pappageorge’s statement is as follows:
We’ve done a better job, in my view, this year on the Transportation budget. But please let me caution you, folks, we need $1.2 billion more in the Transportation budget every year for the next ten years to keep our roads and bridges from getting worse.
The fact that we have made incremental improvements, please don’t indicate to our constituents in any way that we are done or that we’ve done our job, because we haven’t. We have some painful decisions still to make for a very critical service that has been underfunded for years.
Again, I would ask you to understand that we are trying to peel this onion, but we are nowhere done, and we shouldn’t let our constituents believe that we have finished.
Senator Colbeck’s statement is as follows:
On Monday, May 5th, in a 5-4 decision, the Supreme Court of the United States reversed a decision by the Court of Appeals that held that the practice of praying before legislative assemblies violates the Establishment Clause of the First Amendment. As a reminder, this clause reads: “Congress shall make no laws respecting the establishment of religion…” I am thankful that five members of the Supreme Court did not stop their reading of the First Amendment at the Establishment Clause, for the First Amendment goes on to say “or prohibiting the free exercise thereof; or abridging the freedom of speech…”
Four of the members of the Supreme Court sought to prohibit invocations before legislative assemblies. Thankfully, five members appear to have read the entire First Amendment. The opinion of the five carried the day by the narrowest margins—by one vote. If that vote would have flipped the other way, we would now be forbidden from invoking God’s guidance at the commencement of our legislative assemblies.
I would like to remind my colleagues of the origins of the tradition of invoking God’s guidance at the beginning of each day of our legislative deliberations. In 1787, the Constitutional Convention was on the verge of breaking apart completely over the issue of representation, a stalemate created by the concern of smaller states that they would be overpowered by the larger states and the concern of the larger states that smaller states would be given representation out of proportion of their relative size.
Tempers were short, and the ship of state seemed headed for the rocks before its maiden voyage had barely begun. It was against this backdrop that the elder statesman of the convention, Benjamin Franklin, rose and uttered these immortal words:
“In this situation of this Assembly, groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understanding?
In the beginning of the Contest with Great Britain, when we are sensible of danger, we had daily prayer in this room for Divine protection. Our prayers, Sir, were heard, and they were graciously answered. All of us who were engaged in the struggle must have observed frequent instances of superintending Providence in our favor.
To that kind Providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity. And have we now forgotten that powerful Friend? Or do we imagine we no longer need His assistance?
I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth—that God Governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid?
We have been assured, Sir, in the Sacred Writings, that ‘except the Lord build the House, they labor in vain that build it.’ I firmly believe this; and I also believe that without His concurring aid we shall succeed in this political building no better than the Builders of Babel…
I therefore beg leave to move—that henceforth prayers imploring the assistance of Heaven, and its blessing on our deliberations, be held in this Assembly every morning before we proceed to business.”
My friends, we were just one vote of an unelected Supreme Court justice away from prohibiting this sage advice; one vote—one vote away from denying us the guidance of the One who created us all equal; one vote away from denying us the guidance of the One who endowed us with the unalienable rights to life, liberty, and the pursuit of happiness; one vote away from denying us guidance that we should not bear false witness against our neighbors or covet our neighbors’ goods—one vote.
My friends, may we never neglect to humble ourselves and beseech the guidance of the author of the Laws of Nature as we deliberate in our feeble attempts to define laws for our citizens.
Senator Bieda’s statement is as follows:
Today is National Teacher Appreciation Day, and it is part of the nationally-recognized National Teacher Week. The week is celebrated in the first week of May, and National Teacher Appreciation Day is celebrated on the Tuesday of that week, thus National Teacher Appreciation Day in 2014 falls on May 6.
As early as 1944, teachers called for a national day to honor educators. In 1980, the National Education Association lobbied Congress to create such a day, and on March 7, 1980, it was observed as National Teacher Day that year. The organization continued to celebrate the day in March each year until they decided in 1985 to change the event to the beginning of May.
I would like to thank all the teachers in Michigan who are doing the hard work of preparing our children for a global economy. If it weren’t for the quality teachers we all had, none of us would be here in this chamber today. Thanks to all the teachers who have made a difference in our lives. I encourage all of you to take the time today to thank an educator.
Senator Whitmer’s statement is as follows:
I rise to point out that my colleague from the 20th District passed a bill today to make Michigan more welcoming to families of military personnel. The Department of Defense estimates that there are over 18,000 same-sex married couples in the military. It was legislation that this colleague of mine supported, and everyone in this chamber supported for obvious reasons, that Michigan can and should be more welcoming to military families.
I found it rather confusing, then, that only a short time later, the sponsor of that bill stood up and argued against making Michigan a more welcoming place for other families simply because they aren’t her definition of a traditional family structure.
While I am deeply disappointed by my colleague’s words and actions here today, I am also admittedly a little puzzled. In her bill that we passed, it specifically states that Michigan will recognize the marriages of military personnel, regardless of where they were performed to ensure their families could receive licenses or other services needed here in our state. I’ll say again: Her bill recognized all marriages of military personnel, which would include those who had same-sex marriages legally performed elsewhere.
So to sum up your actions here today, you’ve passed a bill that I agree with that would provide same-sex benefits to military personnel and their families, while telling same-sex families at Michigan universities that their relationships don’t meet your criteria of being recognized as legitimate. I ask my colleague from the 20th District, which one is it? You can’t have it both ways.
You can’t make Michigan a supposedly welcoming state while waging an ideological war against our population, which, yes, includes members of our military. You can’t hide behind your supposed religious freedom to defend that discrimination when it’s so blatantly offensive to those of us whose religion tells us God created love equally, regardless of who we share it with.
I would suggest that my colleague from the 20th District owes us a little better explanation after today, and more importantly, she owes Michigan’s LGBT community an explanation. I am sure that they, like me, are looking forward to hearing it.
Committee Reports
The Committee on Families, Seniors and Human Services reported
House Bill No. 5198, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2011 PA 70.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, April 30, 2014, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca and Nofs
Excused: Senator Gregory
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Bill No. 872, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101 (MCL 324.20101), as amended by 2013 PA 141, and by adding section 20101c.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof
Nays: Senator Warren
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, May 1, 2014, at 9:00 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof and Warren
Excused: Senator Hood
The Committee on Regulatory Reform reported
House Bill No. 4392, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Hune, Meekhof, Pavlov and Warren
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
House Bill No. 4683, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1031 (MCL 436.2031), as added by 2010 PA 175.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Hune, Meekhof, Pavlov and Warren
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
House Bill No. 4691, entitled
A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending the title and sections 6, 7, 10, 11, 13, 14, and 15 (MCL 408.656, 408.657, 408.660, 408.661, 408.663, 408.664, and 408.665), the title and sections 7 and 11 as amended by 1982 PA 35; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Hune, Meekhof, Pavlov and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
House Bill No. 5396, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1110 (MCL 339.1110), as amended by 1988 PA 463.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Hune, Meekhof, Pavlov and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Thursday, May 1, 2014, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Rocca (C), Jones, Hune, Meekhof, Pavlov and Warren
Excused: Senator Johnson
The Committee on Health Policy reported
Senate Bill No. 704, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16233, 16241, 17702, 17706, 17707, 17709, 17742, and 17748 (MCL 333.16233, 333.16241, 333.17702, 333.17706, 333.17707, 333.17709, 333.17742, and 333.17748), section 16233 as amended by 2010 PA 382, section 16241 as amended by 1993 PA 87, section 17702 as amended by 2012 PA 209, section 17706 as amended by 1986 PA 304, section 17707 as amended by 1990 PA 333, section 17709 as amended by 2006 PA 672, section 17742 as added by 1987 PA 250, and section 17748 as amended by 1988 PA 462, and by adding sections 17748a, 17748b, 17748c, and 17748d.
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.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Hune, Jones, Warren, Johnson and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 904, 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 2012 PA 513.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Hune, Jones, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5332, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 274a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Hune, Jones, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Thursday, May 1, 2014, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Marleau (C), Robertson, Hune, Jones, Warren, Johnson and Ananich
Excused: Senators Emmons and Schuitmaker
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, May 6, 2014, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood and Young
Excused: Senator Bieda
Scheduled Meetings
Administrative Rules - Wednesday, May 14, 3:30 p.m. or later after committees are given leave to meet, Rooms 402 and 403, Capitol Building (373-5773)
Appropriations - Wednesday, May 7, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Banking and Financial Institutions - Thursday, May 8, 10:30 a.m., Room 100, Farnum Building (373-5314)
Economic Development - Wednesday, May 7, 1:30 p.m., Room 110, Farnum Building (373-5323)
Families, Seniors and Human Services - Wednesday, May 7, 2:30 p.m., Room 210, Farnum Building and Thursday, May 8, 10:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)
Health Policy - Thursday, May 8, 9:30 a.m., Room 110, Farnum Building (373-5323)
Michigan Law Revision Commission - Tuesday, May 13, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0212)
Natural Resources, Environment and Great Lakes - Thursday, May 8, 9:00 a.m., Room 210, Farnum Building (373-5314)
Reforms, Restructuring and Reinventing - Wednesday, May 7, 9:15 a.m., Rooms 402 and 403, Capitol Building (373-5307)
Regulatory Reform - Thursday, May 8, 10:30 a.m., Room 210, Farnum Building (373-5307)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 3:19 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, May 7, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
632 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 633
634 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 635
636 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 637
638 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 639
640 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 641
642 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 643
644 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 645
646 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 647
648 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 649
650 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 651
652 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 653
654 JOURNAL OF THE SENATE [May 6, 2014] [No. 40
No. 40] [May 6, 2014] JOURNAL OF THE SENATE 655
656