No. 47
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Wednesday, May 21, 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
Reverend Dean Johnson of Lake Pointe Bible Church of Plymouth offered the following invocation:
Our Father, we pause before the beginning of the day’s business just to quiet our hearts, to humble ourselves before You, and to confess that You are God. We desperately need Your guidance and Your wisdom today. Lord, we do commit ourselves to treating each other with dignity and respect. Give us Your help today.
I pray in Jesus’ name. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Marleau, Smith, Proos and Hunter entered the Senate Chamber.
Senator Hopgood moved that Senators Hood, Johnson and Warren be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senators Kahn, Pappageorge, Richardville, Booher, Brandenburg and Casperson be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that rule 3.902 be suspended to allow his guests 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.
Senator Meekhof moved that the Committee on Education be discharged from further consideration of the following bills:
Senate Bill No. 66, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a as amended by 2009 PA 205 and section 1278b as amended by 2010 PA 80.
House Bill No. 4465, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2009 PA 205.
House Bill No. 4466, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278b (MCL 380.1278b), as amended by 2010 PA 80.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
The Secretary announced that the following bills were printed and filed on Tuesday, May 20, and are available at the Michigan Legislature website:
Senate Bill Nos. 945 946 947
House Bill Nos. 5584 5585 5586 5587 5588 5589 5590 5591 5592 5593
Senator Richardville entered the Senate Chamber.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
10:11 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Hood, Warren, Casperson and Brandenburg entered the Senate Chamber.
Senator Meekhof moved that Senator 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 Richardville admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senators Booher and Green entered the Senate Chamber.
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 34
Senate Resolution No. 123
The motion prevailed.
Senator Meekhof moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:
Senate Resolution No. 153
The motion prevailed, a majority of the members serving voting therefor.
Senator Richardville offered the following resolution:
Senate Resolution No. 153.
A resolution to declare May 25-31, 2014, as Invisible Illness Awareness Week in the state of Michigan.
Whereas, An invisible illness is a chronic condition that is not easily observed by the general public and is often not readily detected by medical professionals. Examples include lupus, fibromyalgia, interstitial cystitis, rheumatoid arthritis, vasculitis, Crohn’s disease, and Ehlers-Danlos syndrome, among others. These illnesses can be debilitating and prevent a person from performing traditional everyday activities; and
Whereas, Invisible illnesses aren’t easily identified. A person with an invisible illness may feel judged by others or feel as though others simply do not understand what they are going through. A person with a chronic condition may be dealing with exhaustion, constant aches or pains, dizziness, or cognitive impairments, and yet may appear to be completely healthy on the outside; and
Whereas, About 10 percent of Americans have medical conditions which could be considered an invisible illness. Nearly 1 in 2 Americans has a chronic medical condition of one kind or another. Ninety-six percent of people with chronic medical conditions live with an ailment that is invisible. About a quarter of them have some type of activity limitation, ranging from mild to severe; and
Whereas, The onset or duration of an invisible illness can negatively affect a person’s physical, emotional, economic, educational, and social well-being due to activity limitations; and
Whereas, There is a need for increased awareness about invisible illnesses to create a more accepting and understanding world for those who suffer; and
Whereas, The theme of this year’s Invisible Illness Awareness Week is “Everybody Knows Somebody,” because of the widespread scope of the illnesses; and
Whereas, The purpose of Invisible Illness Awareness Week is to increase understanding of invisible illnesses among the general public and medical community, while reducing the stigma surrounding the illnesses, in order to create an environment in which there is better care, earlier and more accurate diagnosis, and knowledge that invisible illness patients can lead a healthy life; and
Whereas, We join with the many individuals who are afflicted by these disorders and support increased awareness of invisible illnesses; now, therefore, be it
Resolved by the Senate, That we hereby declare May 25-31, 2014, as Invisible Illness Awareness Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.
The motion prevailed, a majority of the members serving voting therefor.
Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Richardville’s statement is as follows:
Senate Resolution No. 153 declares the last week of May as Invisible Illness Awareness Week in Michigan. The Life as a Zebra Foundation started in 2012 and raises awareness and funds for research for invisible illnesses. The foundation has been nominated for several awards, such as the Health Activist Hero award, and has raised close to $65,000 to support invisible illness awareness and research.
In medical school, students are taught to diagnose patients on the condition that is most likely. This idea goes along with the saying: “When you hear hoof beats, think horse, not zebras.” The horses are the likely explanation, while the zebras are less likely. A medical zebra is a person with a difficult-to-diagnose, often rare medical condition.
Here with me today are Katie Dama Jaskolski and Allie Dama from the Life as a Zebra Foundation. Katie is the president and co-founder of Life as Zebra Foundation. She is 32 years old and currently works as a pre-kindergarten and kindergarten teacher, right here in Lansing. Katie is a former competitive gymnast, spending 15 years at Great Lakes Gymnastics Club, and an Academic All-American gymnast at Michigan State University.
After becoming suddenly sick in 2010 and forced to take a year off from teaching to search for the answers, Katie was eventually diagnosed by the twenty-third doctor that she consulted with as having Ehlers-Danlos syndrome and dysautonomia. With intensive rehabilitation each week, as well as other treatments, Katie is currently out of her wheelchair, back brace, and neck brace, and she has returned to teaching. Raising awareness and funds for research of hard-to-diagnose, invisible illnesses became Katie’s passion after witnessing her sister Allie almost lose her life to PAN vasculitis.
Allie, the co-founder and vice president of Life as a Zebra Foundation, is 26 years old and a full-time occupational therapy graduate student at Virginia Commonwealth University. She is also a former competitive gymnast, spending 15 years at Twistars Gymnastics Club in Dimondale, Michigan, and another four years as an NCAA Division I varsity gymnast at the University of Maryland.
In 2008, she was diagnosed with polyarteritis nodosa vasculitis, after months of mysterious symptoms, near fatal seizures, and seven weeks in the hospital. Since that time, Allie has had several more hospitalizations and years of treatment. She was forced to retire from gymnastics competitions and had to take several months off from school to regain strength and basic functions. Despite the long and difficult road, Allie’s PAN is in remission, and doctors are positive about her prognosis.
Will the members, staff, and guests in the Gallery please join me in thanking these two young ladies for taking the lemons that they have been given in their lives and turning them into lemonade.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:18 a.m.
10:30 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 148
Senate Resolution No. 149
Senate Resolution No. 152
Senate Resolution No. 154
The resolution consent calendar was adopted.
Senator Green offered the following resolution:
Senate Resolution No. 148.
A resolution to proclaim October 5-11, 2014, as Lions Week in the state of Michigan.
Whereas, There are over 12,000 Lions members, both men and women, in more than 500 clubs throughout Michigan. Around the world, their 46,000 clubs and 1.35 million members make them the world’s largest service club organization; and
Whereas, In 1925, Helen Keller addressed the Lions Clubs International Convention in Cedar Point, Ohio, and challenged Lions to become “knights of the blind in the crusade against darkness.” Since then, they have worked tirelessly to aid the blind and visually impaired and have earned high marks for both integrity and transparency throughout their 95-year history; and
Whereas, Lions meet the needs of local communities and the world. The 1.35 million members of their volunteer organization in 207 countries and geographic areas are different in many ways, but share a core belief–community is what we make it; and
Whereas, In Michigan, Lions Clubs perform a huge variety of services to their communities, such as providing eyeglasses and hearing aids to those who cannot afford them; hosting holiday parties for underprivileged kids; underwriting food giveaways; assisting in sending kids to camp; maintaining parks; visiting seniors; supporting organ donation drives; vision testing for young children; and many more; and
Whereas, All Michigan Lions Clubs come together to support four state projects: Leader Dogs for the Blind, Michigan Eye Bank, Bear Lake Camp, and Lions of Michigan Foundation, which help fund endeavors such as disaster relief in the United States and abroad; now, therefore, be it
Resolved by the Senate, That we hereby proclaim October 5-11, 2014, as Lions Week. May Lions Clubs throughout Michigan reaffirm their member-service mission: “To empower volunteers to serve their communities, meet humanitarian needs, encourage peace and promote international understanding through Lions clubs”; and be it further
Resolved, That copies of this resolution be transmitted to the Lions of Michigan Council of Governors and the Lions of Michigan State Office as a reflection of our esteem.
Senators Anderson, Bieda, Booher, Brandenburg, Hansen, Hopgood, Hunter, Jones, Marleau, Pavlov, Proos, Richardville and Rocca were named co‑sponsors of the resolution.
Senator Jones offered the following resolution:
Senate Resolution No. 149.
A resolution to recognize and designate June 23-29, 2014, as Amateur Radio Week in the state of Michigan.
Whereas, Amateur radio operators are celebrating over a century of the miracle of the human voice broadcast over the airwaves; and
Whereas, Amateur radio has continued to provide a bridge between people, societies, and countries by creating friendships and the sharing of ideas; and
Whereas, Operators of amateur radio have also provided countless hours of community services both in emergencies and to other local organizations throughout the decades, which are provided wholly uncompensated; and
Whereas, The state of Michigan recognizes the services amateur radio operators also provide to our many civilian emergency response organizations, including the American Red Cross and the Salvation Army; and
Whereas, These same individuals have further demonstrated their value in public assistance by providing free radio communications for local parades, bike-a-thons, walk-a-thons, fairs, and other charitable public events; and
Whereas, The state of Michigan acknowledges and appreciates the diligence of these hams who also serve as weather spotters in the SKYWARN program of the National Weather Service; and
Whereas, Amateur radio once again proved its undisputed relevance in the modern world by providing emergency communications when other systems failed in the wake of Hurricane Irene and the paralyzing October blizzard that hit the Northeast and Atlantic Seaboard; and
Whereas, The American Radio Relay League (ARRL) is the leading organization for amateur radio in the United States; and
Whereas, The ARRL Amateur Radio Field Day exercise will take place on June 28-29, 2014, and is a 24-hour emergency preparedness exercise and demonstration of the radio amateurs’ skills and readiness to provide self-supporting communications without further infrastructure being required; now, therefore, be it
Resolved by the Senate, That we hereby recognize and designate June 23-29, 2014, as Amateur Radio Week in the state of Michigan.
Senators Anderson, Bieda, Booher, Brandenburg, Green, Hansen, Hopgood, Marleau, Pavlov, Proos, Richardville and Robertson were named co‑sponsors of the resolution.
Senator Schuitmaker offered the following resolution:
Senate Resolution No. 152.
A resolution to declare May 2014 as Lupus Awareness Month in the state of Michigan.
Whereas, Each year, the lupus agencies of Michigan designate May as Lupus Awareness Month to show support for the 1.5 million Americans and 5 million people worldwide who suffer from the often debilitating effects of lupus, a chronic autoimmune disease that can cause severe damage to the tissue and organs in the body and, in some cases, death; and
Whereas, Thousands of people are newly diagnosed with lupus each year, the great majority of whom are young people in the prime of their lives and 90 percent of whom are women; and
Whereas, Lupus is most prevalent among African Americans, Hispanics, Native Americans, and Asians. Tragically, thousands of people die from lupus each year because a cure remains elusive; and
Whereas, There is a continued need for increased public and professional awareness of lupus; and
Whereas, Medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are underfunded in comparison with diseases of comparable magnitude and severity; and
Whereas, Increasing community awareness and focusing public attention on lupus and its devastating impact on people’s lives will provide hope for a better future for those affected; and
Whereas, The lupus agencies of Michigan are dedicated to improving the quality of life for individuals with lupus and their loved ones by providing education, support, and outreach services and promoting programs of awareness, advocacy, and research; and
Whereas, This legislative body recognizes the needs of those chronically-ill people who are living with lupus. We urge all citizens to support the search for a cure and assist those individuals and families who deal with this devastating disease on a daily basis; now, therefore, be it
Resolved by the Senate, That we hereby declare May 2014 as Lupus Awareness Month in the state of Michigan.
Senators Anderson, Bieda, Booher, Brandenburg, Green, Hansen, Hopgood, Hunter, Jones, Marleau, Pavlov, Proos and Richardville were named co‑sponsors of the resolution.
Senator Richardville offered the following resolution:
Senate Resolution No. 154.
A resolution to designate May 22, 2014, as Michigan Roadside Safety Awareness Day.
Whereas, Construction projects, including those that occur in and around roadways, are in full swing in Michigan due to the arrival of warmer weather; and
Whereas, While those who are required to work in and around roadways, such as road/bridge workers, utility workers, telecommunication providers, waste haulers, general construction workers, and others, deploy many safety devices when doing so, including warning lights, signage, cones, and barrels, accidents still occur; and
Whereas, About 100 workers are killed in roadside accidents across the nation in an average year, and Michigan construction zone and utility-related crashes in 2013 totaled 4,080, along with 10 fatalities and 107 serious injuries; and
Whereas, Public Act No. 103 of 2001 established penalties for injuring or killing a highway construction or maintenance worker and is known as “Andy’s Law,” in honor of construction worker Andrew Lefko, who was seriously injured in a 1999 crash in a southeast Michigan construction zone. In 2006, the Michigan Legislature enhanced Andy’s Law to define work zones for which violations can trigger the more severe penalties; and
Whereas, Public Act No. 464 of 2008 requires drivers to use caution when approaching a service vehicle in a roadway, such as a stationary solid waste collection vehicle, utility service vehicle, or a road maintenance vehicle, with flashing, rotating, or oscillating amber lights; and
Whereas, Roadside service providers have safety teams working to identify and enhance roadside safety for their employees through deployment of additional safety equipment and procedures; and
Whereas, These providers continue to seek ways to enhance awareness for everyone working in and around roadways so that drivers will take heed, slow down, and go around to help keep them safe; and
Whereas, Utility public service announcements will accompany other safety messages on TV and radio to raise public awareness about keeping workers safe by obeying laws and slowing down in construction zones; not texting or allowing other distractions when traveling through these areas; and being vigilant about keeping workers safe while in and near roadways; and
Whereas, An event is being held in Lansing to share this important and lifesaving information with legislators, the general public, and media; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize May 22, 2014, as Roadside Safety Awareness Day in Michigan.
Senators Bieda, Brandenburg, Hansen, Hopgood, Hunter, Pavlov and Proos were named co‑sponsors of the resolution.
Senators Green, Brandenburg, Pavlov, Proos, Schuitmaker, Hopgood, Jones, Hansen, Marleau, Kowall and Hildenbrand offered the following resolution:
Senate Resolution No. 150.
A resolution to urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada, and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people who depend on the lakes.
Whereas, The Great Lakes Commission is a public agency established by the Great Lakes Basin Compact in 1955 to speak as a unified voice for the Great Lakes states and provinces in their mission for a healthy and vibrant Great Lakes region. The Commission takes positions on issues of regional importance. These science-based positions are built on collaboration with others and encourage regional economic prosperity and environmental protection; and
Whereas, The proposal by Ontario Power Generation to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station, which is less than a mile from the shore of Lake Huron, is a regionally-important issue. Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, We are concerned about this proposed radioactive waste facility and the siting of any such facility so near the Great Lakes. Under Michigan’s Constitution, it is the duty of the legislative branch of government to protect the state’s natural resources in the interest of the public health, safety, and welfare of Michigan’s citizens; now, therefore, be it
Resolved by the Senate, That we urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada, and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people who depend on the lakes; and be it further
Resolved, That copies of this resolution be transmitted to the Board of Directors and Executive Director of the Great Lakes Commission, the members of the Michigan delegation to the Great Lakes Commission, and the commissioners of the International Joint Commission.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Senator Meekhof moved that the resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.
The motion prevailed.
Senators Anderson, Bieda, Colbeck, Richardville and Rocca were named co‑sponsors of the resolution.
Senators Green, Brandenburg, Pavlov, Proos, Schuitmaker, Hopgood, Jones, Marleau, Kowall and Hildenbrand offered the following resolution:
Senate Resolution No. 151.
A resolution urging the President of the United States, the Secretary of State, and the Congress of the United States to invoke the participation of the International Joint Commission under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities.
Whereas, Ontario Power Generation is proposing to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station. This site is less than a mile inland from the shore of Lake Huron; and
Whereas, Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, Michigan recognizes the duty of the legislative branch of government to protect the public health, safety, and welfare of its citizens and the state’s natural resources. Article IV, Section 50 of the Michigan Constitution authorizes the Legislature to regulate atomic energy in view of the safety and general welfare of the people. Article IV, Section 51 declares that the public health and general welfare of the people of the state are matters of primary public concern, while Article IV, Section 52 requires the Legislature to provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction; and
Whereas, The Michigan Legislature has recognized the inherent dangers of siting a radioactive waste storage facility near the shores of the Great Lakes. Under Public Act No. 204 of 1987, the final siting criteria for a radioactive waste facility containing the same types of waste as would be stored at the proposed Ontario repository, includes a prohibition on siting it within 10 miles of one of the Great Lakes, the Saint Mary’s River, Detroit River, St. Clair River, or Lake St. Clair; and
Whereas, The Great Lakes Water Quality Agreement (GLWQA) is a binational agreement to address critical environmental health issues in the Great Lakes region, with the overall purpose of restoring and maintaining the chemical, physical, and biological integrity of the Great Lakes. Article 6 of the GLWQA acknowledges the importance of anticipating, preventing, and responding to threats to the Great Lakes and recognizes that a nuclear waste facility sited close to the Great Lakes shoreline could lead to a pollution incident or could have a significant cumulative impact on the waters of the Great Lakes; and
Whereas, The 1909 Boundary Waters Treaty recognizes the immense importance of the Great Lakes as a shared resource between the United States and Canada. The wisdom of the Treaty drafters is reflected in the creation of the International Joint Commission (IJC), composed of three members from the United States and three members from Canada, to act as impartial watchdogs over the boundary waters between the countries. Under Article IX of the Treaty, questions or matters of difference between the countries involving their rights, obligations, or interests along their common frontier may be referred to the IJC for examination and report, upon the request of either country. Under Article X, the IJC may be asked to make a binding decision on an issue of difference between the two countries, upon the consent and referral by both the United States and Canada; and
Whereas, The IJC has frequently been asked to weigh in on major topics of concern to the Great Lakes region. In 1912, a few years after the Treaty’s ratification, the IJC was asked to examine and report on the extent, causes, and location of pollution in the boundary waters and to recommend remedies and pollution prevention strategies. In 1999, the IJC was asked to study the international export of bulk supplies of Great Lakes water. The IJC provides an objective and international forum to study Great Lakes issues that affect both countries; now, therefore, be it
Resolved by the Senate, That we urge the President of the United States, the Secretary of State, and the Congress of the United States to invoke the participation of the International Joint Commission under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities; and be it further
Resolved, That we urge the other Great Lakes states and Canadian provinces to adopt appropriate regulations to protect the Great Lakes region from radioactive waste and to petition their respective federal governments to engage the IJC under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the governors or premiers and the legislative majority leaders in Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, Wisconsin, Ontario, and Quebec.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Senator Meekhof moved that the resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.
The motion prevailed.
Senators Anderson, Bieda, Colbeck, Richardville and Rocca were named co‑sponsors of the resolution.
Senators Pavlov, Proos, Brandenburg, Green, Schuitmaker, Hopgood, Jones, Hansen, Marleau, Kowall and Hildenbrand offered the following concurrent resolution:
Senate Concurrent Resolution No. 16.
A concurrent resolution urging the President of the United States, the Secretary of State, and the Congress of the United States to invoke the participation of the International Joint Commission under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities.
Whereas, Ontario Power Generation is proposing to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station. This site is less than a mile inland from the shore of Lake Huron; and
Whereas, Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, Michigan recognizes the duty of the legislative branch of government to protect the public health, safety, and welfare of its citizens and the state’s natural resources. Article IV, Section 50 of the Michigan Constitution authorizes the Legislature to regulate atomic energy in view of the safety and general welfare of the people. Article IV, Section 51 declares that the public health and general welfare of the people of the state are matters of primary public concern, while Article IV, Section 52 requires the Legislature to provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction; and
Whereas, The Michigan Legislature has recognized the inherent dangers of siting a radioactive waste storage facility near the shores of the Great Lakes. Under Public Act No. 204 of 1987, the final siting criteria for a radioactive waste facility containing the same types of waste as would be stored at the proposed Ontario repository, includes a prohibition on siting it within 10 miles of one of the Great Lakes, the Saint Mary’s River, Detroit River, St. Clair River, or Lake St. Clair; and
Whereas, The Great Lakes Water Quality Agreement (GLWQA) is a binational agreement to address critical environmental health issues in the Great Lakes region, with the overall purpose of restoring and maintaining the chemical, physical, and biological integrity of the Great Lakes. Article 6 of the GLWQA acknowledges the importance of anticipating, preventing, and responding to threats to the Great Lakes and recognizes that a nuclear waste facility sited close to the Great Lakes shoreline could lead to a pollution incident or could have a significant cumulative impact on the waters of the Great Lakes; and
Whereas, The 1909 Boundary Waters Treaty recognizes the immense importance of the Great Lakes as a shared resource between the United States and Canada. The wisdom of the Treaty drafters is reflected in the creation of the International Joint Commission (IJC), composed of three members from the United States and three members from Canada, to act as impartial watchdogs over the boundary waters between the countries. Under Article IX of the Treaty, questions or matters of difference between the countries involving their rights, obligations, or interests along their common frontier may be referred to the IJC for examination and report, upon the request of either country. Under Article X, the IJC may be asked to make a binding decision on an issue of difference between the two countries, upon the consent and referral by both the United States and Canada; and
Whereas, The IJC has frequently been asked to weigh in on major topics of concern to the Great Lakes region. In 1912, a few years after the Treaty’s ratification, the IJC was asked to examine and report on the extent, causes, and location of pollution in the boundary waters and to recommend remedies and pollution prevention strategies. In 1999, the IJC was asked to study the international export of bulk supplies of Great Lakes water. The IJC provides an objective and international forum to study Great Lakes issues that affect both countries; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the President of the United States, the Secretary of State, and the Congress of the United States to invoke the participation of the International Joint Commission under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities; and be it further
Resolved, That we urge the other Great Lakes states and Canadian provinces to adopt appropriate regulations to protect the Great Lakes region from radioactive waste and to petition their respective federal governments to engage the IJC under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the governors or premiers and the legislative majority leaders in Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, Wisconsin, Ontario, and Quebec.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Meekhof moved that the concurrent resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.
The motion prevailed.
Senators Anderson, Bieda, Booher, Colbeck, Richardville and Rocca were named co‑sponsors of the concurrent resolution.
Senators Pavlov, Proos, Brandenburg, Green, Schuitmaker, Hopgood, Jones, Hansen, Marleau, Kowall and Hildenbrand offered the following concurrent resolution:
Senate Concurrent Resolution No. 17.
A concurrent resolution to urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada, and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people who depend on the lakes.
Whereas, The Great Lakes Commission is a public agency established by the Great Lakes Basin Compact in 1955 to speak as a unified voice for the Great Lakes states and provinces in their mission for a healthy and vibrant Great Lakes region. The Commission takes positions on issues of regional importance. These science-based positions are built on collaboration with others and encourage regional economic prosperity and environmental protection; and
Whereas, The proposal by Ontario Power Generation to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station, which is less than a mile from the shore of Lake Huron, is a regionally-important issue. Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, We are concerned about this proposed radioactive waste facility and the siting of any such facility so near the Great Lakes. Under Michigan’s Constitution, it is the duty of the legislative branch of government to protect the state’s natural resources in the interest of the public health, safety, and welfare of Michigan’s citizens; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada, and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people who depend on the lakes; and be it further
Resolved, That copies of this resolution be transmitted to the Board of Directors and Executive Director of the Great Lakes Commission, the members of the Michigan delegation to the Great Lakes Commission, and the commissioners of the International Joint Commission.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Meekhof moved that the concurrent resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.
The motion prevailed.
Senators Anderson, Bieda, Booher, Colbeck, Richardville and Rocca were named co‑sponsors of the concurrent resolution.
Senate Resolution No. 138.
A resolution to urge the President and the United States Department of Agriculture (USDA) to reverse their decision to exclude fresh white potatoes from Women, Infants, and Children (WIC) program eligibility.
The question being on the adoption of the resolution,
The resolution was adopted.
Introduction and Referral of Bills
Senators Pavlov, Proos, Brandenburg, Green, Schuitmaker, Hopgood, Jones, Hansen, Marleau, Kowall and Hildenbrand introduced
Senate Bill No. 948, entitled
A bill to amend 1978 PA 113, entitled “An act to regulate the depositing, storing, or both, of radioactive waste,” by amending the title and section 1 (MCL 325.491), the title as amended by 1987 PA 202 and section 1 as amended by 1989 PA 12, and by adding section 2; 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 Natural Resources, Environment and Great Lakes.
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 Hopgood 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 without amendment, the following bill:
Senate Bill No. 929, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 705a (MCL 450.4705a), as amended by 2002 PA 686.
The bill was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 623, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 103, 104, 105, 106, 107, 108, 109, 110, 121, 122, 123, 131, 132, 133, 141, 143, 151, 202, 209, 212, 215, 217, 221, 241, 242, 243, 246, 251, 261, 275, 301, 303, 304, 305, 307, 308, 309, 313, 317, 331, 332, 338, 402, 403, 404, 405, 407, 413, 415, 421, 422, 423, 441, 442, 444, 446, 451, 455, 461, 485, 487, 501, 505, 506, 511, 521, 523, 527, 528, 531, 541, 548, 551, 552, 553, 561, 562, 563, 565, 567, 569, 601, 602, 611, 615, 631, 641, 642, 643, 701, 707, 741, 753, 801, 804, 805, 811, 815, 817, 821, 823, 851, 855, 901, 911, 913, 922, 923, 925, 932, 1001, 1002, 1012, 1015, 1016, 1021, 1032, 1035, 1041, 1042, 1051, 1060, 1104, 1107, 1145, and 1162 (MCL 450.2103, 450.2104, 450.2105, 450.2106, 450.2107, 450.2108, 450.2109, 450.2110, 450.2121, 450.2122, 450.2123, 450.2131, 450.2132, 450.2133, 450.2141, 450.2143, 450.2151, 450.2202, 450.2209, 450.2212, 450.2215, 450.2217, 450.2221, 450.2241, 450.2242, 450.2243, 450.2246, 450.2251, 450.2261, 450.2275, 450.2301, 450.2303, 450.2304, 450.2305, 450.2307, 450.2308, 450.2309, 450.2313, 450.2317, 450.2331, 450.2332, 450.2338, 450.2402, 450.2403, 450.2404, 450.2405, 450.2407, 450.2413, 450.2415, 450.2421, 450.2422, 450.2423, 450.2441, 450.2442, 450.2444, 450.2446, 450.2451, 450.2455, 450.2461, 450.2485, 450.2487, 450.2501, 450.2505, 450.2506, 450.2511, 450.2521, 450.2523, 450.2527, 450.2528, 450.2531, 450.2541, 450.2548, 450.2551, 450.2552, 450.2553, 450.2561, 450.2562, 450.2563, 450.2565, 450.2567, 450.2569, 450.2601, 450.2602, 450.2611, 450.2615, 450.2631, 450.2641, 450.2642, 450.2643, 450.2701, 450.2707, 450.2741, 450.2753, 450.2801, 450.2804, 450.2805, 450.2811, 450.2815, 450.2817, 450.2821, 450.2823, 450.2851, 450.2855, 450.2901, 450.2911, 450.2913, 450.2922, 450.2923, 450.2925, 450.2932, 450.3001, 450.3002, 450.3012, 450.3015, 450.3016, 450.3021, 450.3032, 450.3035, 450.3041, 450.3042, 450.3051, 450.3060, 450.3104, 450.3107, 450.3145, and 450.3162), sections 106, 404, 505, 548, 611, 901, and 922 as amended by 2008 PA 222, sections 108, 561, 562, 563, 565, 567, and 569 as amended by 1993 PA 129, section 110 as amended by 1990 PA 39, section 123 as amended by 2008 PA 482, section 131 as amended by 2005 PA 219, sections 133, 141, 143, 151, 405, 407, 413, 421, 441, 446, 451, and 521 as amended by 2008 PA 9, section 209 as amended by 1996 PA 397, sections 261, 501, and 541 as amended by 2009 PA 88, section 911 as amended by 1996 PA 84, section 1060 as amended by 2012 PA 309, and sections 1104, 1107, 1145, and 1162 as added by 1984 PA 209, and by adding sections 303a, 303b, 303c, 303d, 314, 336, 341a, 343, 344, 345, 392, 406, 408, 409, 412, 432, 447a, 466, 467, 468, 472, 473, 488, 489, 491a, 492a, 493a, 494, 495, 496, 497, 514, 515a, 529, 545a, 564a, 564b, 564c, 571, 703a, 706, 711, 712, 713, 724, 735, 736a, 745, 746, 751, 754, 841a, 842a, 1013, and 1056; 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. 624, entitled
A bill to amend 1965 PA 169, entitled “An act to require court proceedings for dissolution of domestic charitable purpose corporations; and to require the filing of notice of intention to withdraw with the attorney general by foreign charitable purpose corporations attempting to withdraw from this state,” by amending the title and sections 1 and 2 (MCL 450.251 and 450.252), and by adding sections 1a and 2a.
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
Messages from the House
The President, Lieutenant Governor Calley, resumed the Chair.
Senator Meekhof moved that consideration of the following bill be postponed for today:
House Bill No. 4369
The motion prevailed.
Senate Bill No. 760, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Potvin, Jenkins and Brown as conferees to join with Sens. Green, Kahn and Hopgood.
The bill was referred to the Conference Committee.
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 House of Representatives has appointed Reps. Muxlow, MacMaster and Zemke as conferees to join with Sens. Booher, Kahn and Anderson.
The bill was referred to the Conference Committee.
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 House of Representatives has appointed Reps. Lori, VerHeulen and Tlaib as conferees to join with Sens. Moolenaar, Kahn and Gregory.
The bill was referred to the Conference Committee.
Senate Bill No. 764, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Haveman, Poleski and Kandrevas as conferees to join with Sens. Proos, Kahn and Anderson.
The bill was referred to the Conference Committee.
Senate Bill No. 765, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Rogers, Lori and Singh as conferees to join with Sens. Walker, Kahn and Hopgood.
The bill was referred to the Conference Committee.
Senate Bill No. 766, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Kowall, Forlini and Roberts as conferees to join with Sens. Green, Kahn and Hopgood.
The bill was referred to the Conference Committee.
Senate Bill No. 767, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The House of Representatives has appointed Reps. Poleski, Kowall and Durhal as conferees to join with Sens. Pappageorge, Kahn and Johnson.
The bill was referred to the Conference Committee.
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 and 271b.
The House of Representatives has appointed Reps. Pscholka, Walsh and Singh as conferees to join with Sens. Schuitmaker, Kahn and Hood.
The bill was referred to the Conference Committee.
Senate Bill No. 769, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. MacGregor, McCready and Tlaib as conferees to join with Sens. Caswell, Kahn and Gregory.
The bill was referred to the Conference Committee.
Senate Bill No. 770, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Forlini, Pscholka and Faris as conferees to join with Sens. Jansen, Kahn and Johnson.
The bill was referred to the Conference Committee.
Senate Bill No. 771, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Walsh, VerHeulen and Faris as conferees to join with Sens. Proos, Kahn and Johnson.
The bill was referred to the Conference Committee.
Senate Bill No. 772, entitled
A bill to make appropriations for the department of licensing and regulatory affairs and certain other state purposes for the fiscal year ending September 30, 2015; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
The House of Representatives has appointed Reps. Forlini, Pscholka and Faris as conferees to join with Sens. Jansen, Kahn and Johnson.
The bill was referred to the Conference Committee.
Senate Bill No. 773, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Jenkins, MacGregor and Roberts as conferees to join with Sens. Colbeck, Kahn and Gregory.
The bill was referred to the Conference Committee.
Senate Bill No. 774, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. Bumstead, McCready and Brown as conferees to join with Sens. Green, Kahn and Hopgood.
The bill was referred to the Conference Committee.
Senate Bill No. 775, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 17a, 18, 19, 20, 20d, 20f, 20g, 21b, 21f, 22a, 22b, 22d, 22i, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95, 99, 99h, 101, 102, 104, 104b, 107, 147, 147c, 152a, 161, 163, and 168 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621b, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622i, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695, 388.1699, 388.1699h, 388.1701, 388.1702, 388.1704, 388.1704b, 388.1707, 388.1747, 388.1747c, 388.1752a, 388.1761, 388.1763, and 388.1768), sections 6, 20, 24c, 25e, 26a, 74, 104b, and 107 as amended by 2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11m, 20g, 21f, 22a, 22b, 51a, 51c, 99h, 101, and 147c as amended and sections 31b and 94 as added by 2014 PA 116, sections 11a, 11j, 11k, 12, 15, 18, 19, 20d, 22d, 22i, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 95, 99, 102, 104, 147, and 152a as amended and section 20f as added by 2013 PA 60, sections 11g and 17a as amended by 2013 PA 97, section 21b as amended by 2004 PA 351, section 161 as amended by 1990 PA 207, section 163 as amended by 2007 PA 137, and section 168 as added by 1993 PA 175, and by adding sections 11s, 64b, 74a, 99b, 102a, and 164f; and to repeal acts and parts of acts.
The House of Representatives has appointed Reps. Rogers, Potvin and Dillon as conferees to join with Sens. Walker, Kahn and Hopgood.
The bill was referred to the Conference Committee.
Senate Bill No. 776, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Reps. McCready, Jenkins and McCann as conferees to join with Sens. Colbeck, Kahn and Gregory.
The bill was referred to the Conference Committee.
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 House of Representatives has appointed Reps. VerHeulen, Muxlow and Kandrevas as conferees to join with Sens. Pappageorge, Kahn and Anderson.
The bill was referred to the Conference Committee.
House Bill No. 5314, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 17a, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i, 22j, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147b, 147c, 152a, 161, 163, 168, 201, 201a, 202a, 206, 207, 209, 210, 213, 222, 224, 225, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 245, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 272a, 273, 274, 274a, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622g, 388.1622i, 388.1622j, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1707, 388.1747, 388.1747b, 388.1747c, 388.1752a, 388.1761, 388.1763, 388.1768, 388.1801, 388.1801a, 388.1802a, 388.1806, 388.1807, 388.1809, 388.1810, 388.1813, 388.1822, 388.1824, 388.1825, 388.1829, 388.1829a, 388.1830, 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, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 6, 20, 24c, 25e, 26a, 74, 104b, and 107 as amended by 2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11m, 20g, 21f, 22a, 22b, 22g, 51a, 51c, 99h, 101, and 147c as amended and sections 31b and 94 as added by 2014 PA 116, sections 11a, 11j, 11k, 12, 15, 18, 19, 20d, 22d, 22f, 22i, 22j, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 98, 99, 104, 147, 147b, 152a, 201, 201a, 206, 209, 210, 224, 225, 229, 229a, 230, 236, 236a, 236b, 241, 245, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 275, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 20f, 236c, and 272a as added by 2013 PA 60, sections 11g and 17a as amended by 2013 PA 97, section 161 as amended by 1990 PA 207, section 163 as amended by 2007 PA 137, section 168 as added by 1993 PA 175, and section 202a as added and sections 207, 213, 222, 256, 283, and 284 as amended by 2012 PA 201, and by adding sections 11r, 20h, 31g, 64b, 95a, 97, 102b, 104c, 207a, and 207b; and to repeal acts and parts of acts.
The House of Representatives has nonconcurred in the Senate substitute (S-1) and appointed Reps. Rogers, Haveman and Brown as conferees.
The message was referred to the Secretary for record.
House Bill No. 5313, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2015 and other fiscal years; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The House of Representatives has nonconcurred in the Senate substitute (S-1) and appointed Reps. Haveman, Pscholka and Tlaib as conferees.
The message was referred to the Secretary for record.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:48 a.m.
11:28 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Johnson, Jansen, Kahn and Pappageorge entered the Senate Chamber.
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 788
House Bill No. 4656
Senate Bill No. 900
Senate Bill No. 846
Senate Bill No. 791
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 788, entitled
A bill to codify the liability of possessors of land for injuries to trespassers.
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. 305 Yeas—36
Ananich Gregory Jones Richardville
Anderson Hansen Kahn Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Smith
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pavlov Whitmer
Green Johnson Proos Young
Nays—0
Excused—0
Not Voting—2
Casperson Pappageorge
In The Chair: President
Senator Meekhof moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
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. 306 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:
House Bill No. 4656, entitled
A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 16 (MCL 409.116).
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. 307 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 question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the legal employment and protection of minors; to provide for the issuance and revocation of work permits; to provide for the regulation of hours and conditions of employment of minors; to prescribe powers and duties of the departments of labor and education; to provide for the enforcement of this act; to prescribe penalties; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 900, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 352 and 391 (MCL 418.352 and 418.391), as amended by 2007 PA 190.
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. 308 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. 846, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 521a (MCL 436.1521a), as amended by 2010 PA 369.
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. 309 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. 791, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the part heading to part 215 and sections 21502, 21503, 21504, 21505, 21506a, 21508, 21509, 21510, 21515, 21516, 21518, 21519, 21521, 21523, 21524, 21525, 21526, 21527, 21528, 21531, 21546, and 21548 (MCL 324.21502, 324.21503, 324.21504, 324.21505, 324.21506a, 324.21508, 324.21509, 324.21510, 324.21515, 324.21516, 324.21518, 324.21519, 324.21521, 324.21523, 324.21524, 324.21525, 324.21526, 324.21527, 324.21528, 324.21531, 324.21546, and 324.21548), sections 21502, 21503, 21506a, 21510, and 21515 as amended by 2012 PA 113, sections 21504, 21505, 21508, 21546, and 21548 as amended by 2004 PA 390, and section 21528 as amended by 2009 PA 98, and by adding sections 21506b, 21510a, 21510b, and 21510c; and to repeal acts and parts of acts.
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. 310 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 announced:
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.
(This bill was read a third time on May 20, substitute offered and consideration postponed. See Senate Journal No. 46, p. 794.)
The question being on the adoption of the substitute offered by Senator Rocca,
Senator Rocca withdrew the substitute.
Senator Rocca offered the following substitute:
Substitute (S-4).
The question being on the adoption of the substitute,
Senator Rocca offered the following amendment to the substitute:
1. Amend page 5, line 26, after “CARRIER.” by striking out the balance of the line through “CARRIER” on line 1 of page 6 and inserting “THE EMPLOYER OR CARRIER MAY ACCESS ALL INFORMATION THE AGENCY RECEIVES RESPECTING THE CLAIM AND”.
The amendment to the substitute was adopted.
The substitute as amended was adopted, a majority of the members serving voting therefor.
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. 311 Yeas—32
Ananich Gregory Johnson Richardville
Anderson Hansen Jones Robertson
Bieda Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Nofs Smith
Caswell Hune Pappageorge Warren
Colbeck Hunter Pavlov Whitmer
Green Jansen Proos Young
Nays—6
Booher Kahn Moolenaar Walker
Emmons Meekhof
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Rocca asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Rocca’s statement is as follows:
I would like my colleagues to join me in supporting Senate Bill No. 211. This bill would provide a limited presumption that firefighters who get certain types of cancer—a list of 10 cancers—will be presumed to have contracted those cancers in the line of duty. Currently, under Michigan law, if a firefighter gets cancer—even though we know that they are much more likely to get certain types of cancer—the firefighter cannot get worker’s compensation for cancer, even though they contracted cancer at work. They are exposed to some of the most horrible things that you can image in one of the most hostile environments you can imagine.
For far too long, we have not allowed them the compensation that they deserve when they get ill at work. This bill would impose no cost on local governments. It will only go into effect if we fund it from the Legislature in the fund that is created in the legislation. The presumption goes away if there’s no funding for it.
For far too long, we have allowed this to continue. Firefighters who get sick in the line of duty can often expect to lose their income if they can’t meet the physical fitness requirements to serve as a firefighter. They lose their job if they can’t return to work. When they lose their job, they lose their health care, leaving them destitute and dying and forgotten—for far too long.
This bill is the product of three years of work and negotiations. Blue Cross Blue Shield is neutral on it. The Insurance Institute is neutral on it. Parties have come to the table, and there has been a very strong give and take. We have an opportunity to right a very longstanding wrong, right now, and I urge my colleagues to join me in doing so.
By unanimous consent the Senate returned to the order of
Messages from the House
House Bill No. 5314, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 17a, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i, 22j, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147b, 147c, 152a, 161, 163, 168, 201, 201a, 202a, 206, 207, 209, 210, 213, 222, 224, 225, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 245, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 272a, 273, 274, 274a, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622g, 388.1622i, 388.1622j, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1707, 388.1747, 388.1747b, 388.1747c, 388.1752a, 388.1761, 388.1763, 388.1768, 388.1801, 388.1801a, 388.1802a, 388.1806, 388.1807, 388.1809, 388.1810, 388.1813, 388.1822, 388.1824, 388.1825, 388.1829, 388.1829a, 388.1830, 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, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 6, 20, 24c, 25e, 26a, 74, 104b, and 107 as amended by 2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11m, 20g, 21f, 22a, 22b, 22g, 51a, 51c, 99h, 101, and 147c as amended and sections 31b and 94 as added by 2014 PA 116, sections 11a, 11j, 11k, 12, 15, 18, 19, 20d, 22d, 22f, 22i, 22j, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 98, 99, 104, 147, 147b, 152a, 201, 201a, 206, 209, 210, 224, 225, 229, 229a, 230, 236, 236a, 236b, 241, 245, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 275, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 20f, 236c, and 272a as added by 2013 PA 60, sections 11g and 17a as amended by 2013 PA 97, section 161 as amended by 1990 PA 207, section 163 as amended by 2007 PA 137, section 168 as added by 1993 PA 175, and section 202a as added and sections 207, 213, 222, 256, 283, and 284 as amended by 2012 PA 201, and by adding sections 11r, 20h, 31g, 64b, 95a, 97, 102b, 104c, 207a, and 207b; and to repeal acts and parts of acts.
The House of Representatives has appointed Rep. Dillon to replace Rep. Brown as conferee.
The message was referred to the Secretary for record.
Recess
Senator Meekhof moved that the Senate recess until 1:00 p.m.
The motion prevailed, the time being 11:48 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:01 p.m.
3:46 p.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 Meekhof moved that the Committee on Infrastructure Modernization be discharged from further consideration of the following joint resolution:
Senate Joint Resolution J, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 8 and 40 of article IX, to increase the sales tax rate and to dedicate that revenue to transportation purposes and certain other uses.
The motion prevailed, a majority of the members serving voting therefor, and the joint resolution was placed on the order of General Orders.
Senator Meekhof moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 6
Senate Bill No. 149
House Bill No. 4630
House Bill No. 5477
House Bill No. 5493
The motion prevailed, a majority of the members serving voting therefor.
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, 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 with a substitute therefor, the following bill:
Senate Bill No. 6, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226.
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. 149, 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 10 (MCL 247.660), as amended by 2007 PA 210.
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. 4630, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803, 803b, 803e, 806, and 809 (MCL 257.801, 257.802, 257.803, 257.803b, 257.803e, 257.806, and 257.809), section 801 as amended by 2012 PA 498, sections 802, 803b, 806, and 809 as amended by 2011 PA 159, section 803 as amended by 2002 PA 490, and section 803e as amended by 2011 PA 46; and to repeal acts and parts of acts.
Substitute (S-2).
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. 5477, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 5, 6, 8, and 152 (MCL 207.1002, 207.1003, 207.1005, 207.1006, 207.1008, and 207.1152), sections 2 and 5 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.
Substitute (S-5).
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. 5493, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.
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
Motions and Communications
Senator Meekhof moved that the following bill, now on the order of General Orders, be referred to the Committee on Appropriations:
Senate Bill No. 633, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2012 PA 203, and by adding section 732b.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senators Marleau and Kowall introduced
Senate Bill No. 949, entitled
A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 1, 2c, 5, 14, 15, 16, 17, 18, 19, and 20a (MCL 141.421, 141.422c, 141.425, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440a), sections 1, 2c, 14, 15, 17, and 19 as amended by 2000 PA 493, section 5 as amended by 1996 PA 146, and sections 16 and 18 as amended by 2013 PA 172, and by adding section 13a.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Caswell introduced
Senate Bill No. 950, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 12 (MCL 380.12), as amended by 2013 PA 96.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Walker introduced
Senate Bill No. 951, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), section 17a as amended by 2013 PA 97 and section 18 as amended by 2013 PA 60.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Walker introduced
Senate Bill No. 952, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Walker introduced
Senate Bill No. 953, entitled
A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Walker introduced
Senate Bill No. 954, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Pappageorge and Kahn introduced
Senate Bill No. 955, entitled
A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 3, 4, and 7 (MCL 141.933, 141.934, and 141.937), as amended by 2012 PA 284.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Pappageorge and Kahn introduced
Senate Bill No. 956, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1356 (MCL 380.1356), as amended by 2002 PA 181.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Kahn and Pappageorge introduced
Senate Bill No. 957, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Statements
Senators Colbeck and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
The topic today is road funding, but it might as well be any other topic before this Legislature because the default solution is always the same—increase our taxes. Against the backdrop of the rising costs of gasoline, groceries, and health care, we now add the rising price of government to the pocketbooks of our citizens. It appears that the American citizens have grown accustomed to the increasing cost of federal government since the default fiscal policy options for the federal government are to print more money, borrow funds, or simply monetize our debt. We often don’t experience the full impact of irresponsible federal fiscal policies. Future generations will experience the full impact.
Now when the state is irresponsible with our fiscal policy, the first option always considered in Lansing appears to be to raise taxes. When I began my service as a state legislator, the state budget was $46.8 billion. Now, less than four years later, the latest budget proposal came in at $52.1 billion. The tax increases proposed for roads, Medicaid, and other priorities would increase the budget to almost $55 billion. That’s an increase of 20 percent over only four years. In spite of the burden of these increased expenditures, our economy has been growing over the past three years. In fact, since we passed our fiscal year ’14 budget, we have had an addition $1.4 billion in General Fund revenue available for distribution. Of this amount, we have allocated $100 million in additional funding to fix a $1.2 billion road problem.
Instead of putting additional money towards roads, we have increased funding for film credits, expanded early childhood programs struggling to find enough children to drain existing funds, and fixed potholes in the Medicaid expansion legislation. Furthermore, the fiscal year ’14 budget features $631 million in one-time expenditures of general funds. Many of these one-time expenditures from the fiscal year ’14 budget have been continued in the fiscal year ’15 budget. Many of these expenditures may indeed be for high priority items, but they should be evaluated against a backdrop of roads being one of our top priorities, if not our top priority. We need to have a serious discussion about spending priorities. We need to have serious discussion about how effectively we are spending the current $3.3 billion that we have for our roads, especially since Michigan already spends 53 percent more dollars per mile than the national average. Instead, we are turning once again to the pocketbooks of our citizens.
We need to fix our roads. I believe we have a unanimous agreement on that point. The key is—how? For the past two years, I have been advocating a multiyear, three-pronged approach to funding our roads. This approach features a mix of appropriations policy, expense reductions, and innovative service revenue that does not dip into the pockets of our taxpayers. For the most part, this approach has been ignored for proposals that increase taxes. Senate Bill Nos. 6 and 149 represent good first steps towards setting an appropriations policy that prioritizes road funding in the statute.
Furthermore, I applaud the House for introducing bills that force us to look at appropriations policy and expense reductions. They have taken some promising steps toward a serious discussion about spending priorities. Unfortunately, only a subset of the transportation bills proposed by the House are up for consideration by the Senate today. In fact, only those bills which increase taxes and fees are up for consideration. I would prefer to have a serious discussion about bills that focus on expense reduction and appropriations policy.
Our economy is finally growing again after the last decade. More tax increases will slow this growth. I am sick and tired of tax increases being the first solution to every budget issue we face. Enough is enough. It is about time we look at how we spend our current tax dollars. We need to stop growing our government and start having a serious discussion about expenses. We need to respect the burden that increased taxes place upon our citizens. We need to respect the burdens that increased fuel prices, increased food prices, and increased health care prices have on our families. Our first response to any budget issue should be to reduce expenses, not take more money from the pockets of our citizens. Families in Michigan have been tightening their belts for years; it’s about time the government did likewise.
Senator Bieda’s statement is as follows:
I rise to acknowledge that, as we move into this Memorial Day weekend, we pay tribute to those brave men and women who have served and who have sacrificed their lives in defense of the freedoms that we cherish. President John F. Kennedy once said, “A nation reveals itself not only by the men it produces, but also by the men it honors; the men it remembers.” It is important that, as Americans pay homage to these brave men and women, we always remember the sacrifices that they have made for their fellow Americans.
There are countless numbers of Michiganders who have served valiantly in our armed forces. From the Civil War to World War II to the wars in Afghanistan and Iraq, Michigan has had brave men and women who have risked their lives and lost their lives in service to their country. Currently, our oldest living war veterans are those from World War II. In the late 1930s, America was just beginning to find its way out of the Great Depression. It had been a long and difficult decade for Americans, and it seemed that we, as a country, may finally see the light at the end of the tunnel of the Depression years. On December 7, 1941, the United States was attacked at Pearl Harbor, catapulting America into the middle of World War II. This war brought our country together in amazing ways and affected the lives of each and every American. This was a generation that understood personal sacrifice and working for the public good.
In total, over 16 million U.S. troops were engaged during World War II. Of the 16 million U.S. troops, over 600,000 were residents of Michigan. By the end of the war, over 400,000 Americans serving in the military lost their lives fighting valiantly for our freedoms. This generation that grew up during the Depression years and fought during World War II would later be dubbed by Tom Brokaw as “The Greatest Generation.” Americans during this time endured hardships more difficult than most could imagine, but their resilience led them out of the Depression and played a major role in the defeat of Germany and the Axis powers of World War II.
One of those 600,000 Michiganders who served in World War II was Edward J. Selweski of Roseville, Michigan. I would like to take this opportunity to honor Edward J. Selweski, a lifelong resident of Michigan who was born on December 20, 1920. He grew up in the midst of the Great Depression, grew up in Hamtramck, and lost his sister and father at a very young age. He and his mother fought their way through the hardships of the Great Depression, and then he volunteered for service during World War II. He went on to serve in the Signal Corps during World War II, being stationed in England, France, and Germany. He returned home to Michigan after the war, starting his own family in Roseville. This past month, at the age of 93, Edward Selweski passed away.
Memorial Day is a day to remember those who have served our great country. It is a reminder of all the hardships and sacrifices that veterans have made and endured to provide the freedoms we often take for granted. As we debate today’s issues on the floor, we would be remiss if we didn’t take into account some of the true sacrifices that people have made for this nation and for this state, rather than the selfish self-interests that oftentimes seem to be at the top of people’s agendas. Let’s honor these brave individuals not just today, but every day by continuing our work and bettering the world around us.
Committee Reports
The Committee on Transportation reported
Senate Bill No. 882, 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 repealing section 18j (MCL 247.668j), as added by 2012 PA 506.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 915, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 257 (MCL 257.257), as amended by 1992 PA 309.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 916, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217, 222, 229, and 233 (MCL 257.217, 257.222, 257.229, and 257.233), section 217 as amended by 2012 PA 498, section 222 as amended by 2004 PA 493, section 229 as amended by 1988 PA 276, and section 233 as amended by 2006 PA 599.
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, Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 917, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 238 (MCL 257.238).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 918, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 241.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Tuesday, May 20, 2014, at 12:30 p.m., Room 100, Farnum Building
Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich
The Committee on Judiciary reported
Senate Bill No. 857, entitled
A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” (MCL 691.1501 to 691.1507) by adding section 3.
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, Rocca and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, May 20, 2014, at 2:30 p.m., Room 110, Farnum Building
Present: Senators Jones (C), Schuitmaker, Rocca and Bieda
The Committee on Infrastructure Modernization reported
Senate Bill No. 6, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226.
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.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Pappageorge, Booher, Jansen, Brandenburg, Hood and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Infrastructure Modernization reported
Senate Bill No. 149, 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 10 (MCL 247.660), as amended by 2007 PA 210.
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.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Pappageorge, Booher, Jansen, Brandenburg, Hood and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Infrastructure Modernization reported
House Bill No. 5477, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 5, 6, 8, and 152 (MCL 207.1002, 207.1003, 207.1005, 207.1006, 207.1008, and 207.1152), sections 2 and 5 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.
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.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Pappageorge, Booher and Jansen
Nays: Senators Brandenburg, Hood and Warren
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Infrastructure Modernization reported
House Bill No. 5493, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.
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.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Pappageorge, Booher, Jansen, Hood and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Infrastructure Modernization reported
House Bill No. 4630, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803, 803b, 803e, 806, and 809 (MCL 257.801, 257.802, 257.803, 257.803b, 257.803e, 257.806, and 257.809), section 801 as amended by 2012 PA 498, sections 802, 803b, 806, and 809 as amended by 2011 PA 159, section 803 as amended by 2002 PA 490, and section 803e as amended by 2011 PA 46; and to repeal acts and parts of acts.
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.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Pappageorge, Booher and Jansen
Nays: Senators Brandenburg, Hood and Warren
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Infrastructure Modernization submitted the following:
Meeting held on Wednesday, May 21, 2014, at 9:33 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Pappageorge, Booher, Jansen, Brandenburg, Hood and Warren
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, May 20, 2014, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young
COMMITTEE ATTENDANCE REPORT
The Committee on Infrastructure Modernization submitted the following:
Meeting held on Tuesday, May 20, 2014, at 1:35 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Pappageorge, Booher, Jansen, Brandenburg, Hood and Warren
COMMITTEE ATTENDANCE REPORT
The Committee on Insurance submitted the following:
Meeting held on Tuesday, May 20, 2014, at 2:30 p.m., Room 100, Farnum Building
Present: Senators Hune (C), Marleau, Hansen and Robertson
Excused: Senators Brandenburg, Smith and Bieda
Scheduled Meetings
Administrative Rules - Thursday, May 22, 8:15 a.m., Room 424, Capitol Building (373-5773)
Agriculture - Thursday, May 22, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)
Natural Resources, Environment and Great Lakes - Thursday, May 22, 9:00 a.m., Room 210, Farnum Building (373-5312)
Regulatory Reform - Thursday, May 22, 11:00 a.m., Room 210, Farnum Building (373-5307)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 4:06 p.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, May 22, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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