No. 88
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2015
Senate Chamber, Lansing, Tuesday, October 6, 2015.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hopgood—present Pavlov—present
Bieda—present Horn—present Proos—present
Booher—present Hune—present Robertson—present
Brandenburg—present Johnson—present Rocca—present
Casperson—present Jones—present Schmidt—present
Colbeck—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Smith—present
Gregory—present MacGregor—present Stamas—present
Hansen—excused Marleau—present Warren—present
Hertel—present Meekhof—present Young—present
Hildenbrand—present Nofs—present Zorn—present
Hood—present O’Brien—present
Pastor Steve Smail of Lighthouse Baptist Church of Plainwell offered the following invocation:
God in heaven, we bow before You this morning, thanking You for who You are; thanking You for all You have given us, realizing that You are the Creator of all, the Ruler of all, the Giver of all good things, and the One who loves us far beyond what we could ever comprehend. We thank You this morning for that.
As we bow this morning, we also thank You for our country, the United States of America. Thank You for the many freedoms it gives us. Thank You for our tremendous history; how we have seen Your hand through the years, moving throughout our nation. I’m reminded this morning of the verse that says, “Blessed is the nation whose God is the Lord.” We thank You for Your clear hand of guidance throughout our history.
Lord, I also want to thank You for these public servants here in this room today. Thank You so much for their desire to be servants to the people of the state of Michigan. Lord, I thank You for their commitment. Thank You for their many long nights of thinking of decisions that are coming and challenges that might lie ahead. I thank You, Lord, for their service. I pray for them today and for their families. I pray that You watch over them, and bless their families. Lord, most importantly, give them wisdom for the important decisions that they make day to day.
I thank You today for our Governor, Governor Snyder, and for Lieutenant Governor Brian Calley. I pray for them today, as well, Lord, that You might guide and direct their thoughts as they make important decisions as well.
Thank You, again, for our nation and for our President, President Obama. Lord, I pray for him today, that You guide and direct his thoughts. For those who serve in Washington, D.C., I thank You as well.
Lord, I pray for our troops today who may be in harm’s way all over this world. Thank You for them and their commitment to our country, and God, today, I ask that You might watch over them and keep them safe.
Lord, most importantly, today, I ask for grace and wisdom for these people in this room; these people who make such important decisions not just for today, but for generations to come. God, I pray that You might guide them and lead them as they make those important decisions. We thank You, again, for this great state, for the freedoms we have, and, God, for all You have blessed us with.
We give You the praise and thanks, and we ask this all in the name of our Savior Jesus Christ. Amen.
The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Bieda entered the Senate Chamber.
Senator Kowall moved that Senator Casperson be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senator Hansen be excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 1:
House Bill Nos. 4137 4138 4713 4904
The Secretary announced that the following bills were printed and filed on Thursday, October 1, and are available at the Michigan Legislature website:
Senate Bill Nos. 537 538 539 540
House Bill Nos. 4925 4926
The Secretary announced that the following bills were printed and filed on Friday, October 2, and are available at the Michigan Legislature website:
House Bill Nos. 4927 4928 4929 4930 4931 4932 4933 4934 4935
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
10:48 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Casperson and Young entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 93, entitled
A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10.
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. 94, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223.
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. 95, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545.
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. 96, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479.
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. 92, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, and 9c as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts.
Substitute (S-7).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 340
House Bill No. 4521
House Bill No. 4527
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 340, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236.
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. 395 Yeas—37
Ananich Hildenbrand Kowall Rocca
Bieda Hood MacGregor Schmidt
Booher Hopgood Marleau Schuitmaker
Brandenburg Horn Meekhof Shirkey
Casperson Hune Nofs Smith
Colbeck Johnson O’Brien Stamas
Emmons Jones Pavlov Warren
Green Knezek Proos Young
Gregory Knollenberg Robertson Zorn
Hertel
Nays—0
Excused—1
Hansen
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4521, entitled
A bill to provide for the voluntary issuance of identification and patches for service animals; and to provide for certain powers and duties of the department of civil rights.
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. 396 Yeas—37
Ananich Hildenbrand Kowall Rocca
Bieda Hood MacGregor Schmidt
Booher Hopgood Marleau Schuitmaker
Brandenburg Horn Meekhof Shirkey
Casperson Hune Nofs Smith
Colbeck Johnson O’Brien Stamas
Emmons Jones Pavlov Warren
Green Knezek Proos Young
Gregory Knollenberg Robertson Zorn
Hertel
Nays—0
Excused—1
Hansen
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4527, entitled
A bill to amend 1981 PA 82, entitled “An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties,” by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62, and 752.63), the title and sections 1 and 2 as amended by 1984 PA 111, and by adding section 4.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 397 Yeas—37
Ananich Hildenbrand Kowall Rocca
Bieda Hood MacGregor Schmidt
Booher Hopgood Marleau Schuitmaker
Brandenburg Horn Meekhof Shirkey
Casperson Hune Nofs Smith
Colbeck Johnson O’Brien Stamas
Emmons Jones Pavlov Warren
Green Knezek Proos Young
Gregory Knollenberg Robertson Zorn
Hertel
Nays—0
Excused—1
Hansen
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
House Concurrent Resolution No. 3
Senate Resolution No. 76
The motion prevailed.
Senator Meekhof offered the following resolution:
Senate Resolution No. 99.
A resolution to congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 104th National Day on October 10, 2015.
Whereas, Relations between the Republic of China (Taiwan) and the United States are marked by strong bilateral trade, education, and cultural exchanges. The United States is Taiwan’s third-largest trading partner, and Taiwan is the twelfth-largest trading partner of the United States. In 2014, trade between these two nations totaled more than $67.4 billion in exchanged goods, nearly $5 billion more than in the previous year; and
Whereas, Taiwan and the state of Michigan have long benefited from this relationship. In 2013, Taiwan was the sixth most popular destination for Michigan-made products. A year later, Michigan exports to the island nation amounted to $247 million, an increase of 30 percent over the previous year. From 2013 to 2014, Michigan imports from Taiwan increased from $705 million to $805 million, a 14 percent increase, making the outlook for joint economic and cultural growth in the future bright; and
Whereas, Further strengthening bilateral trade between our two nations would be mutually beneficial, and negotiations for a bilateral investment agreement between Taiwan and the United States is an important first step. This trade agreement is essential to increasing foreign direct investment and technical collaboration through tariff reduction and other trade facilitation measures. Moreover, trade agreements like these pave the way for a free trade agreement between the Pacific nations; and
Whereas, Taiwan’s participation in international organizations benefits not just the people of Taiwan, but the international community as a whole by virtue of increased communication and more efficient accomplishment of shared goals gained through a nonexclusionary approach to global participation in creating unified efforts, including nations like Taiwan—nations with the same values of freedom, democracy, human rights, the rule of law, peace, and prosperity as the United States and the state of Michigan—would strengthen such organizations to the benefit of all; now, therefore, be it
Resolved by the Senate, That the members of this legislative body congratulate the government and people of the Republic of China (Taiwan) on their 104th National Day and declare October 10, 2015, as the Republic of China Day in the state of Michigan; and be it further
Resolved, That we support the signing of the Free Trade Agreement and Bilateral Investment Agreement between the United States and Taiwan and support Taiwan’s efforts to participate significantly in international organizations; and be it further
Resolved, That copies of this resolution be transmitted to the U.S. Secretary of State; the Taipei Economic and Cultural Office in Chicago, Illinois; and the members of the Michigan congressional delegation.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Bieda, Booher, Brandenburg, Gregory, Hildenbrand, Jones, Kowall, Marleau, Proos, Robertson, Schuitmaker and Warren were named co‑sponsors of the resolution.
Senator O’Brien offered the following resolution:
Senate Resolution No. 100.
A resolution designating October 2015 as Breast Cancer Awareness Month.
Whereas, The National Cancer Institute estimates that a woman in the United States has a 1 in 8 chance of developing invasive breast cancer during her lifetime; and
Whereas, Excluding cancers of the skin, breast cancer is the most common cancer diagnosed among U.S. women, accounting for more than 1 in 4 cancers; and
Whereas, Breast cancer is the most frequently diagnosed cancer among women in Michigan; and
Whereas, Breast cancer is the second-leading cause of cancer death for women in the U.S.; and
Whereas, All women are at risk for breast cancer; and
Whereas, Since the inception of Breast Cancer Awareness Month in 1985, mammography use across America has doubled, and breast cancer death rates have declined; now, therefore, be it
Resolved by the Senate, That we join together in recognizing October 2015 as Breast Cancer Awareness Month in Michigan; and be it further
Resolved, That the members of this legislative body urge all Michiganders to use this month as an opportunity to educate themselves about breast cancer, and take proactive steps to reduce their risk and get appropriate screening; and be it further
Resolved, That we stand in full support of those currently battling this serious disease; and be it further
Resolved, That we offer sincere condolences to those who have lost loved ones to breast cancer; and be it further
Resolved, That we congratulate those who have won their fight with breast cancer; and be it further
Resolved, That we support all those making efforts to diagnose, research, and treat breast cancer across the state of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to Susan G. Komen® Michigan and the American Cancer Society.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senator Kowall 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 O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator O’Brien’s statement is as follows:
It is a pleasure to introduce this resolution designating October 2015 as Breast Cancer Awareness Month in the state of Michigan. The National Cancer Institute estimates that a woman in the United States has a 1 in 8 chance of developing invasive breast cancer during her lifetime. If you exclude skin cancers, breast cancer is the most common cancer diagnosed among U.S. women, accounting for more than 1 in 4 cancers. Unfortunately, breast cancer is the second leading cause of cancer deaths to women in the United States.
I ask my colleagues to join me as all of us are touched by a life of someone who is afflicted by breast cancer, whether it’s a mother, a wife, a daughter, or a sister. More importantly, there are a number of men who suffer from breast cancer, and they often go unrecognized. Please join me in recognizing October as Breast Cancer Awareness Month so we can come together and defeat breast cancer and make sure our loved ones stay healthy.
Senators O’Brien, Knezek, Emmons, Zorn, Colbeck, Proos, Casperson, Hansen, Schuitmaker, Stamas, Schmidt, Meekhof, Jones and Horn offered the following resolution:
Senate Resolution No. 101.
A resolution to designate the final Sunday in September of each year as Gold Star Mothers Day.
Whereas, American Gold Star Mothers, Inc., a national organization of mothers whose sons and daughters lost their lives serving in the armed forces, was formed shortly after World War I by Grace Darling Seibold and a group of mothers who lost children in the Great War; and
Whereas, Families participated in the practice of hanging a flag in a home’s front window bearing a blue star for every loved one serving in the Great War. When those service men and women lost their lives, the blue star was replaced with a gold star, representing the honor and glory accorded the person for their supreme sacrifice in offering for their country and the devotion and pride of the family in that sacrifice; and
Whereas, We recognize and honor the women of Gold Star Mothers, a group whose purposes and activities include keeping alive and developing the spirit that promoted world services; maintaining the ties of fellowship born of that service; and assisting and furthering all patriotic work, perpetuating the memory of those whose lives were sacrificed in wars maintaining true allegiance to the United States; assisting Gold Star Mothers and their descendants; assisting veterans and their families; promoting peace and goodwill for the United States and all other nations; and inculcating lessons of patriotism and love of country in local communities; and
Whereas, We acknowledge the contributions and sacrifice that Gold Star Mothers and their fallen loved ones have made to our state and nation in the defense of our freedom; now, therefore, be it
Resolved by the Senate, That the members of this legislative body designate the final Sunday in September of each year as Gold Star Mothers Day in the state of Michigan.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senator Kowall 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 O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator O’Brien’s statement is as follows:
I spoke of this issue last week recognizing Gold Star Mothers Day, and I appreciate all of my colleagues’ interest in co‑sponsoring this resolution. It really means a lot to support the families of those who gave their lives.
House Concurrent Resolution No. 14.
A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.
Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides funding for county secondary road patrol services pursuant to an agreement with the Office of Criminal Justice, which, pursuant to Executive Order No. 1989 – 4, is now the Office of Highway Safety Planning within the Department of State Police. An agreement also provides a maintenance of law enforcement effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was due to cuts in general services due to economic conditions; and
Whereas, Section 76 of 1846 RS 14, MCL 51.76, permits road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and
Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides a formula for funding county secondary road patrol services. This formula permits road patrol services provided by county sheriff departments to cities and villages to be eligible for secondary road patrol funding as long as the city or village complies with the MCL 51.76 law enforcement maintenance of effort requirement, unless any reduction is recognized to be due to cuts in general services due to economic conditions; and
Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That, for Fiscal Year 2016, counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in sections 76 or 77 of 1846 RS 14; and be it further
Resolved, That counties, cities, and villages have met the necessary terms of their agreements for road patrol services and secondary road patrol funding as they relate to maintenance of effort.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Kowall moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senators Booher, Brandenburg, Gregory, Hildenbrand, Jones, Kowall, Marleau and Proos were named co‑sponsors of the concurrent resolution.
Introduction and Referral of Bills
Senators Proos, Knezek, MacGregor and Marleau introduced
Senate Bill No. 541, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2012 PA 55.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Schuitmaker, Brandenburg, Booher, Shirkey, Pavlov and Proos introduced
Senate Bill No. 542, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 449.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators MacGregor, Knollenberg, Schuitmaker, O’Brien, Marleau, Hertel and Bieda introduced
Senate Bill No. 543, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Knollenberg, MacGregor, Schuitmaker, O’Brien, Marleau, Hertel and Bieda introduced
Senate Bill No. 544, entitled
A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 4137, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 2 and 4 of chapter XI and the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771.2, 771.4, 771A.3, 771A.4, 771A.5, and 771A.6), section 2 of chapter XI as amended by 2010 PA 351, section 4 of chapter XI as amended by 1998 PA 520, and sections 3, 4, 5, and 6 of chapter XIA as added by 2012 PA 616.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4138, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 11a, 20g, 33, 33e, and 35 (MCL 791.211a, 791.220g, 791.233, 791.233e, and 791.235), section 11a as amended by 1998 PA 204, section 20g as amended by 2000 PA 211, section 33 as amended by 1998 PA 320, section 33e as added by 1992 PA 181, and section 35 as amended by 2012 PA 24, and by adding section 1b.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4713, entitled
A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4904, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Statements
Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
My colleagues, I would like you to name just one so-called gun control law currently on the books or proposed to be on the books anytime soon that would have prevented the mass shooting that took place in Roseburg, Oregon. One law, just one, name it. You can’t. I’ll tell you about a law that, if ended, would end much if not all of the slaughter happening in our churches, our schools, and our entertainment centers across America. That would be the law that gives lethal advantage to mass murderers; that law that disarms American citizens when they are most in need of an armed defense. That law would be the gun-free zone law.
If mass shootings have one thing in common, more often than not, it’s that they take place in what are called gun-free zones. Killers in search of a movie theater to shoot up drive past multiple theaters, go way out of their way to get to a gun-free zone movie theater. They know that they won’t face any resistance; they won’t face any armed pushback. They know that they will be in a kill zone, custom-made for their wholesale slaughter. It happens time after time. Mass murderers actively seek out gun-free zones: Virginia Tech, Newtown, D.C. Naval Yard, Fort Hood, Aurora movie theater, Chattanooga recruiting center, Lafayette Grand movie theater, and the list goes on and on. All of them are gun-free zones.
According to the Crime Prevention Resource Center, 92 percent of mass shootings take place in gun-free zones. It’s an easily observable fact. No study is really needed to show that the areas of the most onerous gun prohibitions lead to the highest gun crime murder rates. Look no further than Chicago, Illinois, with arguably the strictest gun control laws in America. Every weekend in Chicago, there is essentially a mass shooting.
Let’s face it, gun-free zones are wishful thinking. We all want to live in a utopia where no guns are required, nobody gets hurt, and everything is wonderful. But the reality of life is that when an insane killer is on the prowl seeking a mass slaughter of innocent people, the only thing that stops this killer in his tracks is a law-abiding citizen with a gun. Gun-free zones only work for one element, the criminal element. Gun-free zones also criminalize the law-abiding. Gun-free zones only empower the criminals.
Remember, when seconds count, the police are about 30 minutes away sometimes. Let’s start acting smart and, frankly, let’s honor our Oath of Office and support Article I, Section 6 of the Michigan Constitution, which gives every citizen the right to keep and bear arms for the defense of himself or the state. Let’s end gun-free zones now.
A moment of silence was observed in memory of author and civil rights activist Grace Lee Boggs.
Committee Reports
The Committee on Families, Seniors and Human Services reported
Senate Bill No. 334, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and 722.632b), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 12b as added by 2012 PA 593.
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.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson
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 Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, September 30, 2015, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson
The Committee on Transportation reported
House Bill No. 4458, 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 10p (MCL 247.660p), as added by 2010 PA 135.
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, Horn, Pavlov and Marleau
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4562, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a.
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, Horn, Pavlov and Marleau
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 Thursday, October 1, 2015, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Horn, Pavlov and Marleau
Excused: Senator Hopgood
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Thursday, October 1, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Nofs (C), Proos, Horn, Hune, Shirkey, Zorn and Knezek
Excused: Senators Schuitmaker, Hopgood and Bieda
COMMITTEE ATTENDANCE REPORT
The Subcommittee on State Police and Military Affairs submitted the following:
Meeting held on Tuesday, October 6, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Nofs (C), Colbeck and Knezek
Scheduled Meetings
Appropriations -
Subcommittee -
K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Commerce - Wednesday, October 7, 8:30 a.m., Room 210, Farnum Building (373-5312)
Criminal Justice Policy Commission - Wednesday, October 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Economic Development and International Investment - Thursday, October 8, 1:30 p.m., Room 210, Farnum Building (373-5323)
Education - Wednesday, October 7, 8:30 a.m., Room 110, Farnum Building (373-5314)
Energy and Technology - Thursday, October 8, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721)
Michigan Competitiveness - Wednesday, October 7, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑5314)
Natural Resources - Wednesday, October 7, 12:30 p.m., Room 210, Farnum Building (373-5314)
State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Transportation - Thursday, October 8, 8:30 a.m., Room 210, Farnum Building (373-5323)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:28 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, October 7, 2015, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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