No. 108
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2015
Senate Chamber, Lansing, Wednesday, December 9, 2015.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hopgood—present 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—present Marleau—present Warren—present
Hertel—present Meekhof—present Young—present
Hildenbrand—present Nofs—present Zorn—present
Hood—present O’Brien—present
Senator John M. Proos of the 21st District offered the following invocation:
Heavenly Father, we come to You as sinners, as broken men and women asking for Your divine mercy and forgiveness. We bring these sins of omission, these sins of failure to You, the Father of our Savior Jesus Christ, and ask that You bring pardon and forgiveness to us, Your children.
In Matthew’s Gospel today, You state, “Come to me, all you who labor and are burdened, and I will give you rest. Take my yoke upon you, and learn from me; for I am meek and humble of heart, and you will find rest for yourselves. For my yoke is easy, and my burden light.”
Lord, help us to see that in You our burden is light and that in this extraordinary year of mercy, each of us may come to see Your forgiveness that will lighten our burden. We give thanks for the gift of Your Son Jesus and ask that You bring peace and comfort to Your people during this Christmas season when we celebrate the birth of the Savior.
Finally, Lord, we ask that You grant safety and well-being to the men and women who protect the freedoms we hold dear, and bless the men and women in this chamber and their families as we gather to celebrate the beauty of this great gift.
We ask all this in Your most blessed name. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Young moved that Senators Hood, Johnson and Knezek be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senator Knollenberg be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 638
The motion prevailed, a majority of the members serving voting therefor.
The following communications were received and read:
Office of the Auditor General
December 4, 2015
Enclosed is a copy of the following Preliminary Survey Summary:
Prisoner Food Services, Department of Corrections.
December 7, 2015
Enclosed is a copy of the following audit report:
Performance audit report of the Real Estate Division, Department of Technology, Management, and Budget.
Sincerely,
Doug Ringler
Auditor General
The preliminary survey summary and audit report were referred to the Committee on Government Operations.
The following communication was received:
Department of State
December 4, 2015
In accordance with Section 257.810b(7) of Public Act 300 of 1949, we have attached a TACF report for the Department of State for the period of October 1, 2014 through September 30, 2015.
Deposits and charges in the TACF during this time period were $110,817,931 and $110,614,736, respectively. Data used in the preparation of this report was obtained from the MAIN-MIDB database.
Sincerely,
Rose Jarois, Director
Department Services Administration
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 8:
House Bill Nos. 4990 4991 4992 4993 4994 5105
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Schuitmaker as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4438, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d.
Senate Bill No. 615, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6094a.
Senate Bill No. 476, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325.
Senate Bill No. 507, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.
Senate Bill No. 554, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206.
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. 171, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.
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. 4212, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15.
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. 4215, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14.
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. 200, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
Senate Bill No. 578, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 4, line 5, after “Sec. 6.” by striking out “At” and inserting “(1) SUBJECT TO SUBSECTION (2), AT”.
2. Amend page 5, following line 6, by inserting:
“(2) IF THE FEDERAL GOVERNMENT REPEALS OR AMENDS 12 CFR 1024.6 OR OTHERWISE CEASES PUBLICATION OF THE SPECIAL INFORMATION BOOKLET DESCRIBED IN SUBSECTION (1), THE DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES SHALL PREPARE A DOCUMENT THAT DESCRIBES THE RIGHTS OF BORROWERS IN MORTGAGE LOAN TRANSACTIONS; ANNUALLY REVIEW THE DOCUMENT TO ENSURE THE ACCURACY OF ANY TELEPHONE NUMBERS, INTERNET WEBSITE ADDRESSES, OR OTHER INFORMATION INCLUDED IN THE DOCUMENT; AND MAKE THE DOCUMENT AVAILABLE TO LENDERS AND THE PUBLIC. IF THE DOCUMENT DESCRIBED IN THIS SUBSECTION IS AVAILABLE TO A LENDER UNDER THIS SUBSECTION AT THE TIME A PERSON APPLIES FOR A MORTGAGE LOAN, THE LENDER SHALL PROVIDE THE APPLICANT WITH A COPY OF THAT DOCUMENT.”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 352, entitled
A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 472, entitled
A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286.
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:
Senate Bill No. 473, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e.
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. 555, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210).
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:
Senate Bill No. 638, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 24, 33, 35, 47, 51, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.224, 169.233, 169.235, 169.247, 169.251, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, sections 5 and 24 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33, 47, and 55 as amended by 2013 PA 252, section 51 as amended by 1989 PA 95, and section 54 as amended by 1995 PA 264, and by adding section 24b.
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.
During the Committee of the Whole, Senators Johnson and Knollenberg entered the Senate Chamber.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Schuitmaker admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:25 a.m.
10:30 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Hood and Knezek entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 151, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212.
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. 400, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
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 the heading of part 121 and sections 11704, 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.11704, 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), section 11704 as amended by 2004 PA 381, sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.
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. 557 Yeas—37
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knollenberg Robertson Zorn
Hansen
Nays—0
Excused—0
Not Voting—1
Knezek
In The Chair: President
Senator Hood moved that Senator Knezek be temporarily excused from the balance of today’s session.
The motion prevailed.
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 as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 401, entitled
A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74.
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.
Senator Knezek entered the Senate Chamber.
Senator Kowall moved that the enrollment be vacated on the following bill:
Senate Bill No. 400, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.
The motion prevailed.
Senator Kowall moved to reconsider the vote by which the House substitute was concurred in.
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. 558 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 402, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59.
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. 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 House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 2008 PA 260, entitled “An act to provide for assistance payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,” 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 sections 5c and 5d.
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. 559 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), 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. 560 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
Senate Bill No. 638
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 638
House Bill No. 4843
House Bill No. 4594
House Bill No. 4790
Senate Bill No. 187
Senate Bill No. 105
Senate Bill No. 234
Senate Bill No. 581
Senate Bill No. 508
Senate Bill No. 509
Senate Bill No. 592
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 638, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 33, 35, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.233, 169.235, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, section 5 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33 and 55 as amended by 2013 PA 252, and section 54 as amended by 1995 PA 264, and by adding section 24b.
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. 561 Yeas—25
Booher Hildenbrand Marleau Schmidt
Brandenburg Horn Meekhof Schuitmaker
Casperson Hune Nofs Shirkey
Colbeck Knollenberg Pavlov Smith
Emmons Kowall Proos Stamas
Green MacGregor Robertson Zorn
Hansen
Nays—13
Ananich Hood Jones Rocca
Bieda Hopgood Knezek Warren
Gregory Johnson O’Brien Young
Hertel
Excused—0
Not Voting—0
In The Chair: President
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Protests
Senators Ananich, Bieda and Hertel, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 638 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Ananich’s statement is as follows:
I rise to urge my colleagues to vote “no” on this bill. Let’s be very clear here. This has nothing to do with speech and everything to do with power. Specifically, the power of those who have it and are rigging the system against those who don’t. The right and the left may not agree on much, but the one universal truth is that campaign finance laws in this country are a joke, and now the majority wants to make Michigan part of the punch line. We’re already a laughingstock when it comes to ethics, so I guess campaign finance is next.
This legislation can be compared to seeing a building on fire and deciding that dousing it in gasoline is the best way to put it out. Everyday, regular folks already don’t believe their government works for them. This bill will not help change their perception. Please consider the impact this will have on a system I truly believe we all care about.
Senator Bieda’s statement is as follows:
Colleagues, I am also rising in opposition to Senate Bill No. 638. A Republican campaign lawyer said it best: “Money as speech cannot be regulated; it cannot be controlled.” I would like you to take a minute to think about that. I want you to take a minute and think about your constituents and how they feel about the unrestricted flow of outside money into our political process.
Codifying and expanding the reach of the Citizens United ruling flies in the face of what the citizens of Michigan actually want. Michiganders do not want more money in politics. Michiganders do not want corporations interfering with elections. What they do want is something better than an “F” when it comes to transparency. They want a truly representative government free from gerrymandering and ever-increasing restrictions placed on the right to vote.
This bill firmly points Michigan in the wrong direction toward a future of dark money and convoluted electoral processes. According to a national Bloomberg Politics poll, 78 percent of Americans want Citizens United overturned, yet you are standing here today to codify this horrendous ruling into Michigan law.
Colleagues, a “no” vote on this legislation will represent the overwhelming will of the American people. I urge a “no” vote on this.
Senator Hertel’s statement is as follows:
I also rise today to offer my “no” vote explanation for Senate Bill No. 638. My colleagues on the other side of the aisle say this simply codifies the Citizens United ruling. I strongly disagree; this is much, much worse. These bills will expand the loopholes in Michigan’s already-dated campaign finance laws and would allow super PACs to get involved with the referendums and ballot initiatives and continue to control this process.
Just last year right before Christmas, my colleagues on the other side of the aisle doubled the campaign finance limits to give themselves a nice Christmas bonus heading into the new year. Now we are doing that exact same thing again. We are assuring that corporations can give unlimited amounts of money for their own special interests in the state.
No one outside of this chamber—and I mean no one—believes that we need more special interest money in politics. Only those who are sitting here and benefiting from it believe that is the case. As you may recall, Michigan was recently ranked last in the nation when it comes to ethics and transparency in lawmaking—dead last. We talk a lot about accountability and metrics in this chamber, and we talk a lot about reviewing things, yet we were ranked dead last in accountability. We are just going to make it worse with this bill. We shouldn’t be helping dark money get an additional foothold in our state and in our elections process. Instead, we should be making it easier for people to know who is influencing our elections and votes in the Legislature.
Let’s vote against dark money, and let’s vote to fix the transparency issues that we have in this state. I encourage my colleagues to vote “no” on this legislation.
The following bill was read a third time:
House Bill No. 4843, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183.
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. 562 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4594, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130.
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. 563 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 139.
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. 564 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 187, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Stamas offered the following amendments:
1. Amend page 26, line 13, after “PURPOSES” by inserting “AND THE SPOUSE OF SUCH A MEMBER”.
2. Amend page 27, line 15, by striking out all of subdivision (C) and relettering the remaining subdivisions.
3. Amend page 36, line 24, after “ORGANIZATION” by inserting a period and “THE FINANCIAL STATEMENT MUST CONTAIN A LIST OF THE QUALIFIED MEMBERS OF THE MILLIONAIRE PARTY LICENSEE WHO WERE PRESENT AS TO EACH EVENT AND A DISCLOSURE”.
The amendments were 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. 565 Yeas—34
Ananich Hansen Kowall Robertson
Bieda Hertel MacGregor Rocca
Booher Hildenbrand Marleau Schmidt
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Horn Nofs Shirkey
Colbeck Hune O’Brien Stamas
Emmons Jones Pavlov Warren
Green Knezek Proos Zorn
Gregory Knollenberg
Nays—4
Hood Johnson Smith Young
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. 105, 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 2015 PA 175, and by adding sections 11g and 11h.
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. 566 Yeas—33
Ananich Hertel Knollenberg Proos
Bieda Hildenbrand Kowall Robertson
Booher Hopgood MacGregor Rocca
Brandenburg Horn Marleau Schmidt
Casperson Hune Meekhof Schuitmaker
Emmons Johnson Nofs Smith
Green Jones O’Brien Stamas
Gregory Knezek Pavlov Zorn
Hansen
Nays—5
Colbeck Shirkey Warren Young
Hood
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. 234, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 653, 655, and 657 (MCL 206.651, 206.653, 206.655, and 206.657), section 651 as amended by 2011 PA 171, section 653 as amended by 2011 PA 183, and sections 655 and 657 as added by 2011 PA 38.
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. 567 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
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. 581, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725, 28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5 and 5b as amended by 2011 PA 17, section 5a as amended by 2013 PA 149, section 7 as amended by 2011 PA 18, section 8 as amended by 2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as amended by 2005 PA 322.
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. 568 Yeas—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Smith
Emmons Johnson O’Brien Stamas
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—1
Warren
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
I voted for this bill in committee and was a little disappointed in some of the amendments that were adopted. I want to commend the chairman for the work that he did on this bill. I think there have been a lot of good things in there that we needed to do. I’m going to support this bill, but I want to state on the record some concerns that I have with this bill that came out of the amendments.
Some of the changes that are in there, the most detrimental one is the loitering definition. It’s incredibly broad, lacking mens rea, which has been a recent subject of the Legislature. The definition lacks any such standard in here. The definition would mean that anyone in the buffer zone for any reason other than a very narrow list in this bill, such as picking up kids, would be subject to a crime. Going to a store, visiting parents in their home, this is beyond rational. I think that it’s something that the House, when they take this up, needs to take a look at it.
There’s another problem in the new 7-day requirement for reporting on page 13. It’s very confusing as many of the requirements require 7-day reporting, and others require a 3-day reporting period. That’s something that I hope the House committee, if they take this up, they will consider.
This bill is very problematic in its current state. I’ve had a nice discussion with the chairman, and I like the working relationship that we have on this. I suspect that it will be fixed in the House, but I wanted to make those comments for the record.
The following bill was read a third time:
Senate Bill No. 508, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e.
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. 569 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
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. 509, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f.
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. 570 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Casperson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Casperson’s statement is as follows:
Today I have brought for each of you one of the Upper Peninsula’s most cherished treasures, the pasty, in honor of Pasty Day, which was December 6. The convenient and practical meal of meat and vegetables wrapped in a handheld pie was developed as a lunch for workers in the ancient English tin mining region of Cornwall. During the 19th century, the Cornish immigrants brought the pasty here into the iron mines of the Upper Peninsula. Pasties are convenient in addition to being nutritious because the workers whose hands were soiled could easily grip the pasty crust as a handle, eat, and get on with their work.
Pasties have been celebrated ever since. After the Mackinac Bridge opened, it made its way downstate going from a local and mostly homemade meal in the U.P. to a commercial dish served at restaurants and here today on the Senate floor. It is my pleasure to share with all of you a little slice of the U.P. in honor of Pasty Day.
The following bill was read a third time:
Senate Bill No. 592, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62.
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. 571 Yeas—38
Ananich Hertel Kowall Rocca
Bieda Hildenbrand MacGregor Schmidt
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Shirkey
Casperson Horn Nofs Smith
Colbeck Hune O’Brien Stamas
Emmons Johnson Pavlov Warren
Green Jones Proos Young
Gregory Knezek Robertson Zorn
Hansen Knollenberg
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Hertel’s statement is as follows:
There is no greater love than this that a person would lay his life down for the sake of a friend. Senate Bill No. 592 would allow in statute the ability for federally-designated procurement facilities like Gift of Life to open and establish operations. There is no more precious gift to give someone than the gift of life.
This facility would help to speed up the process for organ recovery. This not only saves lives, but it also saves valuable health care dollars in our state. The faster organs and tissues can be recovered from an individual, the healthier the recovered organs and tissues will be.
Recovery of organs from either a circulatory or brain-dead individual is often at the bottom of the surgical priority list. So these procedures may have to wait for a period of time or even be taken off the surgery schedule. Transferring patients to Gift of Life saves an average of $5,000 per donor versus the procedure being conducted in a hospital. Gift of Life provides many more services, like a grievance facility, orchestrating living donation services, and support groups for family members of both donors and recipients.
This bill will save lives in Michigan and help to make organ donation easier and more successful in our state. I ask my colleagues to vote “yes” on this legislation.
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.
Senators Pavlov, Nofs, Proos, Horn, Zorn, Booher, Schuitmaker, Schmidt, Kowall, Casperson, Brandenburg and Marleau offered the following resolution:
Senate Resolution No. 123.
A resolution to memorialize the Congress of the United States to enact legislation that prohibits the manufacture and sale of consumer products containing plastic microbeads.
Whereas, Manufacturers have been adding plastic microbeads to facial scrubs, toothpaste, and other personal care products for years. After use of these products, microbeads wash down drains but are not removed by most municipal wastewater treatment plants. Once in the environment, they degrade very slowly, if at all; and
Whereas, Plastic microbeads are now found in ever-increasing quantities in the Great Lakes and the oceans. Studies have identified these particles in concentrations as high as 180,000 particles per square mile in areas downstream of major cities on the Great Lakes, with average concentrations of 17,000 particles per square mile in the Great Lakes; and
Whereas, Plastic microbeads pose a threat to aquatic life in the Great Lakes and the oceans. These small particles can be mistaken for food by fish and other aquatic life, providing no nutritional value and potentially affecting growth. In addition, toxic pollutants may concentrate on the surface of plastic microbeads, increasing exposure to fish and people that eat fish; and
Whereas, Allowing the continued buildup of plastic microbeads in the Great Lakes runs counter to the current efforts to clean up the lakes. Michigan, the other Great Lakes states, and the federal government invest millions of dollars each year to protect and restore the Great Lakes and their billion-dollar commercial and sport fisheries; and
Whereas, The most efficient and cost-effective means to stop the buildup of plastic microbeads is to eliminate them from consumer products. Plastic microbeads are not essential, and these products will still be effective without them. Plastic microbeads may also be replaced with natural alternatives. It is far easier to remove plastic microbeads from products than install expensive upgrades to wastewater treatment plants throughout the country; and
Whereas, Industry leaders have begun to voluntarily phase out plastic microbeads. Unilever and some other companies have already removed all plastic microbeads from their personal care products. Other major companies, such as Johnson & Johnson, L’Oréal, and Proctor & Gamble, have pledged to phase out polyethylene microbeads; and
Whereas, Current federal legislation (H.R. 1321) would prohibit the sale or distribution of cosmetics containing plastic microbeads. If enacted, all plastic microbeads in these products, whether biodegradable or not, would be phased out over the next three years. Enactment would apply uniform standards across the country to all manufacturers and ensure the protection of our treasured waters; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation that prohibits the manufacture and sale of consumer products containing plastic microbeads; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, 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 question being on the adoption of the resolution,
Senator Kowall moved that the resolution be referred to the Committee on Natural Resources.
The motion prevailed.
Senators Hansen and Shirkey were named co‑sponsors of the resolution.
Introduction and Referral of Bills
Senator Warren introduced
Senate Bill No. 646, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 24, 41, and 51 of chapter X (MCL 710.24, 710.41, and 710.51), section 24 as amended by 2014 PA 531, section 41 as amended by 1994 PA 222, and section 51 as amended by 1996 PA 409.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Schuitmaker, Horn, Hood, Warren, Booher, O’Brien and Knollenberg introduced
Senate Bill No. 647, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Casperson introduced
Senate Bill No. 648, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.
The bill was read a first and second time by title and referred to the Committee on Local Government.
Senator Casperson introduced
Senate Bill No. 649, entitled
A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending section 49 (MCL 565.49).
The bill was read a first and second time by title and referred to the Committee on Local Government.
Senator Casperson introduced
Senate Bill No. 650, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.
The bill was read a first and second time by title and referred to the Committee on Local Government.
Senators Booher and Casperson introduced
Senate Bill No. 651, entitled
A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Booher and Casperson introduced
Senate Bill No. 652, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Casperson and Booher introduced
Senate Bill No. 653, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
House Bill No. 4990, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201.
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 Local Government.
House Bill No. 4991, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276.
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 Local Government.
House Bill No. 4992, entitled
A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277.
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 Local Government.
House Bill No. 4993, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226.
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 Local Government.
House Bill No. 4994, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275.
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 Local Government.
House Bill No. 5105, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Statements
Senator Smith asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Smith’s statement is as follows:
I rise today to say R.I.P. to my friend and mentor, Ron Scott, who was an activist and a leader inside the city of Detroit. Although I may not have always agreed with his methods, I knew his heart was pure. Ron was a huge supporter of mine, and I know he was a huge supporter of a number of my colleagues in the House and here in the Michigan Senate.
I want to say: Ron, thank you from the bottom of my heart because I truly appreciate the knowledge that you instilled in me. I truly appreciate how you guided my thoughts. I truly appreciate how you always took me aside and said, “Virgil, maybe we should go do it this way, or maybe we should go do it that way.” Ron challenged to the core the Democratic Party’s treatment of African Americans. I always looked to him for his advice, his knowledge, and his understanding of the landscape of how things were operating in the city of Detroit.
Again, I want to say rest in peace. We will truly miss you. It’s incumbent upon us to keep his legacy alive and keep moving forward for the values that he believed in.
Committee Reports
The Committee on Elections and Government Reform reported
House Bill No. 4596, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Elections and Government Reform reported
House Bill No. 4597, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Elections and Government Reform reported
Senate Bill No. 638, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 24, 33, 35, 47, 51, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.224, 169.233, 169.235, 169.247, 169.251, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, sections 5 and 24 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33, 47, and 55 as amended by 2013 PA 252, section 51 as amended by 1989 PA 95, and section 54 as amended by 1995 PA 264, and by adding section 24b.
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.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Colbeck, Emmons and Shirkey
Nays: Senator Hood
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Elections and Government Reform submitted the following:
Meeting held on Tuesday, December 8, 2015, at 9:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Tuesday, December 8, 2015, at 2:30 p.m., Room 100, Farnum Building
Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Wednesday, December 9, 2015, at 8:30 a.m., Room 110, Farnum Building
Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek
Scheduled Meetings
Finance - Thursday, December 10, 9:15 a.m., Room 100, Farnum Building (373-5312)
Transportation - Thursday, December 10, 8:30 a.m., Room 210, Farnum Building (373-5312)
Veterans, Military Affairs and Homeland Security - Tuesday, December 15, 9:00 a.m., Room 110, Farnum Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:35 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, December 10, 2015, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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