No. 99

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2015

Senate Chamber, Lansing, Thursday, October 29, 2015.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

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—excused

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—excused Kowall—present Smith—present

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—present

Hildenbrand—present Nofs—present Zorn—present

Hood—present O’Brien—present

Pastor Scott Sessler of Emmanuel Lutheran Church of Livonia offered the following invocation:

Good and gracious God, we thank You for this beautiful day. We give You thanks for the wonderful model You gave to us in being a shepherd in Jesus. As He was willing to move beyond Himself to bring help, healing, and peace, so use us in our communities and in this state. May all that we do and say bring glory to You and bring love and grace to Your people.

In Jesus’ name, we pray. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Kowall moved that Senators Casperson and Knollenberg be temporarily excused from today’s session.

The motion prevailed.

Senator Kowall moved that Senators Green and Robertson be excused from today’s session.

The motion prevailed.

Senator Knollenberg entered the Senate Chamber.

Senator Hood moved that Senator Young be temporarily excused from today’s session.

The motion prevailed.

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

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

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 28:

House Bill Nos. 4022 4321 4727 4767 4768 4769 4864

The Secretary announced that the following bills were printed and filed on Wednesday, October 28, and are available at the Michigan Legislature website:

Senate Bill Nos. 579 580 581 582 583 584 585 586 587 588 589

House Bill Nos. 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027

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 Schmidt 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 bills:

Senate Bill No. 503, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565.

Senate Bill No. 529, entitled

A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c.

The bills were placed on the order of Third Reading of Bills.

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

Senate Bill No. 530, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163.

Substitute (S-1).

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

During the Committee of the Whole, Senators Casperson and Young entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 244, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175.

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

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

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

The Senate agreed to the full title.

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

Senate Bill No. 245, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senator Kowall moved that the rule be suspended.

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

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

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

Roll Call No. 468 Yeas—35

Ananich Hildenbrand Kowall Schmidt

Bieda Hood MacGregor Schuitmaker

Booher Hopgood Marleau Shirkey

Brandenburg Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Hertel Knollenberg Rocca

Nays—1

Casperson

Excused—2

Green Robertson

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 full title.

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

Senate Bill No. 246, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538.

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

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

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

The Senate agreed to the full title.

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

House Bill No. 4239, entitled

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40111 (MCL 324.40111), as amended by 2015 PA 24.

The House of Representatives has amended the Senate substitute (S-2) as follows:

1. Amend page 3, following line 27, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2016.”.

The House of Representatives has concurred in the Senate substitute (S-2) as amended and agreed to the title as amended.

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

Senator Kowall moved that the rule be suspended.

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

The question being on concurring in the House amendment made to the Senate substitute,

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

Roll Call No. 469 Yeas—36

Ananich Hertel Knollenberg Rocca

Bieda Hildenbrand Kowall Schmidt

Booher Hood MacGregor Schuitmaker

Brandenburg Hopgood Marleau Shirkey

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—2

Green Robertson

Not Voting—0

In The Chair: Schuitmaker

By unanimous consent the Senate proceeded 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:

House Bill No. 4195

House Bill No. 4196

House Bill No. 4365

Senate Bill No. 539

Senate Bill No. 540

The motion prevailed.

The following bill was read a third time:

House Bill No. 4195, entitled

A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173.

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. 470 Yeas—36

Ananich Hertel Knollenberg Rocca

Bieda Hildenbrand Kowall Schmidt

Booher Hood MacGregor Schuitmaker

Brandenburg Hopgood Marleau Shirkey

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—2

Green Robertson

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4196, entitled

A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261).

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. 471 Yeas—36

Ananich Hertel Knollenberg Rocca

Bieda Hildenbrand Kowall Schmidt

Booher Hood MacGregor Schuitmaker

Brandenburg Hopgood Marleau Shirkey

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—2

Green Robertson

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4365, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 419 (MCL 208.1419).

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. 472 Yeas—36

Ananich Hertel Knollenberg Rocca

Bieda Hildenbrand Kowall Schmidt

Booher Hood MacGregor Schuitmaker

Brandenburg Hopgood Marleau Shirkey

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—2

Green Robertson

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 539, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; 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. 473 Yeas—36

Ananich Hertel Knollenberg Rocca

Bieda Hildenbrand Kowall Schmidt

Booher Hood MacGregor Schuitmaker

Brandenburg Hopgood Marleau Shirkey

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—2

Green Robertson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 540, entitled

A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443.

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. 474 Yeas—36

Ananich Hertel Knollenberg Rocca

Bieda Hildenbrand Kowall Schmidt

Booher Hood MacGregor Schuitmaker

Brandenburg Hopgood Marleau Shirkey

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—0

Excused—2

Green Robertson

Not Voting—0

In The Chair: Schuitmaker

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

Senate Resolution No. 75

The motion prevailed.

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Concurrent Resolution No. 8.

A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Introduction and Referral of Bills

Senator Casperson introduced

Senate Bill No. 591, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634.

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

House Bill No. 4022, entitled

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