No. 18
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2016
Senate Chamber, Lansing, Tuesday, February 23, 2016.
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—excused
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
The Most Reverend Steven Raica, Bishop of the Roman Catholic Diocese of Gaylord, offered the following invocation:
O God, Father of all, we thank You for giving us the splendor of a new day. As we look around us, the magnificent beauty of our pleasant peninsulas reflects Your love and affection for us. Through our work for the good of all, help us to care for our common home. May this Water Winter Wonderland that is dear to us be preserved for the benefit of future generations.
We pray for the women and men of this Senate. May they be imbued with wisdom, knowledge, and understanding to represent their constituents. Through dialogue, hearings, and debates, may the issues before us reach a consensus echoing the respect for the inestimable dignity of all, the protection of the vulnerable, and honorable and timely solutions to ensure the health and welfare of the citizens of Michigan. Thus, may the aspirations and dreams, liberty, and justice for our brothers and sisters be realized.
We pray for Your blessing, Lord, as we undertake our daily work. May all we accomplish be done for Your greater honor and glory. Begging that Your Spirit renew the face of the earth and each of us, we ask this through Christ our Lord. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Kowall moved that Senators Green and Nofs be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Knezek be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Smith be excused from today’s session.
The motion prevailed.
The following communications were received and read:
Office of the Auditor General
February 18, 2016
Enclosed is a copy of the following audit report:
• Performance audit report on the Medical Waste, Scrap Tire, and Solid Waste Programs, Department of Environmental Quality.
February 19, 2016
Enclosed is a copy of the following audit report:
• Performance audit report on the Grand Rapids Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs.
Sincerely,
Doug Ringler
Auditor General
The audit reports were referred to the Committee on Government Operations.
The following communication was received:
Department of State Police
January 20, 2016
Enclosed is a copy of the Concealed Pistol License (CPL) Annual Report as required by Public Act 372 of 1927, as amended within Public Act Number 3 of 2015. This report details the CPL activity between October 1, 2014, and September 30, 2015. All previous reports covered July 1 through June 30 of the corresponding years.
Below is a summary of the activity for the last ten years:
Applications # of Criminal
Year Received Total Approved Violations Violations/Convictions
2005-2006 40,238 36,754 548 -
2006-2007 22,403 23,790 938 -
2007-2008 33,411 26,578 1,319 -
2008-2009 73,105 66,446 1,292 -
2009-2010 90,808 86,661 1,005 -
2010-2011 84,827 87,637 2,711 -
2011-2012 82,347 78,721 2,997 -
2012-2013 129,900 118,025 3,040 -
2013-2014 115,601 115,990 4,421 -
2014-2015 121,682 120,548 - 2,718
Due to a statutory change in the reporting requirements, only convictions by CPL holders are reported in this report. Therefore, the number of convictions, shown in the last column, is significantly less than the number of criminal violations reported in previous years, which included both pending and dismissed charges.
If you have any questions regarding the information in this report, please feel free to contact the Michigan State Police, Concealed Pistol License Unit at (517) 241-1917.
Sincerely,
Kriste Etue
Director
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 Thursday, February 18:
House Bill Nos. 4651 5132 5133
The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 19, for his approval the following bill:
Enrolled Senate Bill No. 503 at 11:02 a.m.
The Secretary announced that the following bills were printed and filed on Thursday, February 18, and are available at the Michigan Legislature website:
Senate Bill Nos. 809 810
House Bill Nos. 5381 5382 5383 5384 5385 5386 5387 5388 5389 5390 5391
Senators Green and Nofs entered the Senate Chamber.
Senators O’Brien and Nofs asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator O’Brien’s first statement is as follows:
We rise today with very heavy hearts after an unspeakable tragedy occurred in Kalamazoo County on Saturday night. The shooter was arraigned yesterday for the killing of six people and wounding two others in a series of shootings that began Saturday evening and went early into Sunday morning. On Saturday night, Tiana Carruthers was shot multiple times in a parking lot at her townhome in Richland Township. She is credited with saving the lives of the children who were all playing in the yard. She is still hospitalized in critical condition but is expected to live. A second shooting occurred in the city of Kalamazoo that killed both Richard Smith and his son Tyler while they were looking for a car at a car lot. A third shooting happened in Texas Township at the Cracker Barrel where Mary Jo Nye, Dorothy Brown, Barbara Hawthorne, and Mary Lou Nye were all fatally shot.
Additionally, Abigail Kopf, a 14-year-old, was also shot but is still fighting for her life and we are standing with her and hoping for a quick and full recovery. Also surviving is Tyler’s girlfriend, who witnessed the shootings at the car lot, unbeknownst to the shooter. Her heroic 9-1-1 call allowed police to track down the murderer and connect all the shootings.
It has been a tragedy that the people who came to my community were brutally killed and injured while doing activities that you and I normally do. The impact of these shootings was not just felt in Kalamazoo County. Standing behind me are other Senators who have victims who were killed in the shootings. I am grateful for the amazing work of our law enforcement officers who acted quickly to keep the public safe and to stop additional violence. We had great coordination between the Kalamazoo Department of Public Safety, the Kalamazoo County Sheriff’s Office, and the Michigan State Police.
My thoughts and prayers are with the victims, their friends and families, the public safety officers, elected officials, and all the residents of Kalamazoo County and the entire Southwest Michigan region as we lost some of our own. There is no explanation for the events that occurred. The shooter may have done this to weaken our community, but he did not win. Rather, our community has shone through this darkness. We are celebrating the lives of the innocent people. We are rallying together, and we will be stronger. I am surrounded by my colleagues, all of whom had constituents who were victims, and I know that some of them would like to speak.
Senator Nofs’ statement is as follows:
Thank you Senator and thank you everyone for giving us the time today to talk about this tragic incident. It is with an extremely heavy heart that I rise to honor three citizens from my community who lost their lives on Saturday evening. My prayers go out to the victims of this tragedy and their families, as well as a special prayer for the 14-year-old young lady who went to school in my district and is still fighting for her life in Bronson Hospital. May God comfort them all and bring them strength in this difficult time in their lives.
Among those we lost was an individual who regularly contacted my office to share professional and personal insight on the many education issues that we have grappled with here in the state on a daily basis. The Battle Creek community is in pain today as we have been over the last weekend, but I can assure you we will continue to honor the memory of those involved, support justice for their families, and pray for the young lady still fighting every minute of every day to stay alive.
If there is anything good that came out of this, it was the extraordinary law enforcement services. Being in law enforcement for 30 years myself, we had the local police department, the Sheriff’s Department, and the Michigan State Police, who did just a great job. It’s called the Unified Command. There were three different scenes. The first scene was handled by the Kalamazoo County Sheriff’s Department at the apartment complex. The Department of Public Safety of Kalamazoo did a great job at the second call of the random shooting at the dealership near Western Michigan University. The third scene, several minutes later, was where the four people passed away from my community at the Cracker Barrel on I-94 out in Texas Township. It is just so extraordinary how they all coordinated. One of the worst events that a police officer or police department or community can ever have to deal with is the unknown, when someone is out there randomly picking anybody without any discretion, without any rhyme or reason, kills them and takes their lives, and he or she is still out there. Those three law enforcement agencies coordinated so well and got the information out.
I want to give kudos to the local TV station, WWMT Channel 3 in Kalamazoo who stayed on air continuously, giving us information as a community on what to expect and what the latest information was; as well as all the individuals who used social media to help spread the information and tried to alert everybody that some random killings were going on, and it still wasn’t over.
With that, we as a community and a state are blessed for such great local police departments, sheriff’s departments, and the Michigan State Police who came together within hours to capture this individual in downtown Kalamazoo in a parking lot of a local bar. I want to thank all those men and women who helped in this extraordinary event to keep us all safe, as they do each and every day. We should never forget them in our prayers, especially recently as they have been attacked in different instances around the United States. These men and women are out there every day giving their lives to protect us and doing a great job. I just want to commend them.
The impact of this act of senseless violence is shared by all Michiganders—Republicans, Democrats, young, old—and our message to the city of Kalamazoo and to the families of the victims is clear: We stand with you, and we are here for you each and every day as you go forward.
Senator O’Brien’s second statement is as follows:
I would like to repeat the names of the victims one more time. Richard Smith and his 17-year-old son who lived in Kalamazoo County and went to school in Van Buren County, Tyler Smith; Mary Jo Nye, Dorothy Brown, Barbara Hawthorne, all of Battle Creek; Mary Lou Nye of Baroda in Senator Proos’ district. Fighting for her life is Abigail Kopf, a 14-year-old from Calhoun County. Tiana Carruthers from Kalamazoo County also survived. Witnessing but uninjured is Tyler’s girlfriend, who also attends high school in Senator Schuitmaker’s district. I ask for a moment of silence to honor the victims of this tragedy and their loved ones during a very difficult time for our entire region.
A moment of silence was observed in memory of the victims of the Kalamazoo County shootings.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:17 a.m.
11:09 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senator Knezek 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, Lieutenant Governor Calley, designated Senator Hildenbrand 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. 4408, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813.
House Bill No. 4999, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525.
The bills were placed on the order of Third Reading of Bills.
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
Senate Resolution No. 12
The motion prevailed.
Senators Pavlov, Horn, Booher and Proos offered the following resolution:
Senate Resolution No. 146.
A resolution to urge Michigan communities to pursue innovative policies that promote economic development by attracting young STEAM professionals to work in financially distressed communities.
Whereas, Despite our storied economic reputation, many young professionals are leaving this state to pursue opportunities elsewhere. According to the U.S. Census Bureau, Michigan has seen a net reduction of 4.4 percent in young workers aged 22 to 34 in the past five years. Two of the most popular destinations are the neighboring states of Illinois and Ohio. Young men and women come to Michigan to become STEAM—science, technology, engineering, arts, and math—professionals, but far too many leave after graduation; and
Whereas, Reversing the outgoing tide of young STEAM professionals is of the highest priority. The paucity of young professionals working in fields demanding a STEAM background stymies local economic development and job creation. There are economic disincentives for STEAM professionals wanting to remain in Michigan and rebuild their distressed communities that must be addressed in order to make this state more competitive for these highly sought-after graduates; and
Whereas, Communities can become more attractive to STEAM professionals when innovative economic development policies are pursued. Among these policy pursuits are reducing the income disparities for young STEAM professionals choosing to live in a community where earning potential is less than high-demand STEAM areas. Incentives like student loan assistance and employment relocation reimbursement expenses would aid in this endeavor to make Michigan more attractive to these 21st century workers; now, therefore, be it
Resolved by the Senate, That we urge Michigan communities to pursue innovative policies that promote economic development by attracting young STEAM professionals to work in financially-distressed communities; and be it further
Resolved, That copies of this resolution be transmitted to distressed local communities as defined under 1998 PA 328.
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 Economic Development and International Investment.
The motion prevailed.
Senators Brandenburg, Green, Gregory, Hansen, Knollenberg, MacGregor, Marleau, Warren and Zorn were named co‑sponsors of the resolution.
Senator Jones offered the following resolution:
Senate Resolution No. 147.
A resolution to designate May 2016 as Motorcycle Safety Awareness Month.
Whereas, Michigan has 249,547 registered motorcycles and 490,513 individuals who have operator licenses with a motorcycle endorsement; and
Whereas, The safe operation of a motorcycle requires the use of special skills developed through a combination of training and expertise, the use of good judgment, plus a thorough knowledge of traffic laws and licensing requirements; and
Whereas, The use of proper protective riding apparel is an important part of a motorcycle operator’s responsibility; and
Whereas, Motorcycle safety awareness advocacy is a cooperative effort to decrease the number of injuries and fatalities associated with motorcycling; and
Whereas, The promotion of motorcycle rider education programs available through the Michigan Department of State, including recommendations that motorcycle operators wear the proper gear in addition to driving their vehicles defensively and cautiously, is intended to reduce the number of crashes; and
Whereas, The emergence of spring is synonymous with the return of motorcycle mavens to our state’s roadways. Throughout Michigan, motorcyclists have been on the cutting edge of supporting the wise and sensible use of this enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motorcyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and
Whereas, Motorcycle Safety Awareness Month motivates motorcycle operators to don proper protective riding attire; maintain their motorcycles at a high level of safe operating conditions; abide by the laws of the road; and implement operating techniques providing an additional standard of safety. Additionally, car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways, and each is advised to be exceptionally vigilant and watchful when approaching or passing a motorcycle on the highway; now, therefore, be it
Resolved by the Senate, That the members of this legislative body designate May 2016 as Motorcycle Safety Awareness Month in the state of Michigan. We encourage all of Michigan’s citizens to participate in the aims and goals of this effort.
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, Colbeck, Green, Gregory, Hansen, Hertel, Hildenbrand, Knollenberg, MacGregor, Marleau, Pavlov, Proos, Robertson and Zorn were named co‑sponsors of the resolution.
Senator O’Brien offered the following resolution:
Senate Resolution No. 148.
A resolution to designate February 21-27, 2016, as National Eating Disorders Awareness Week.
Whereas, Eating disorders are serious conditions that are potentially life-threatening and have a great impact on both a person’s physical and emotional health; and
Whereas, The National Eating Disorders Association works to give support to those dealing with eating disorders and to provide awareness to all citizens to prevent more instances of eating disorders from occurring; and
Whereas, Approximately 30 million Americans will suffer from a serious eating disorder at some point in their life. This includes 20 million women and 10 million men and comprises anorexia nervosa, bulimia nervosa, binge eating disorder, or an eating disorder not otherwise specified; and
Whereas, Many more cases go unreported because individuals do not recognize signs and symptoms due to the lack of awareness; and
Whereas, Studies show that over half of teenage girls and nearly one-third of teenage boys use unhealthy weight control measures; and
Whereas, Eating disorders can affect anyone. High-performing, dedicated students may struggle with disordered eating and poor body image, impairing otherwise excellent performance; and
Whereas, The Senate commends the National Eating Disorders Association for bringing awareness about eating disorders to all citizens and the health and mental health care providers who treat individuals battling these disorders; now, therefore, be it
Resolved by the Senate, That the members of this legislative body designate February 21-27, 2016, as National Eating Disorders Awareness Week in the state of Michigan. We honor the National Eating Disorders Association.
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, Green, Gregory, Hansen, Hertel, Hildenbrand, Knollenberg, MacGregor, Marleau, Proos, Warren and Zorn were named co‑sponsors of the resolution.
Senator Meekhof offered the following concurrent resolution:
Senate Concurrent Resolution No. 24.
A concurrent resolution to create the Joint Select Committee on the Flint Water Public Health Emergency.
Whereas, It is the inherent responsibility of the Legislature to oversee the operations of the executive branch and ensure the effective implementation and operation of state government programs. The Michigan Legislature passed the Safe Drinking Water Act in 1976 to grant the executive branch the power to ensure safe public drinking water for Michigan residents; and
Whereas, In April 2014, the city of Flint began drawing its drinking water from the Flint River as a temporary water source while a new pipeline was being constructed to obtain water from Lake Huron through the Karegnondi Water Authority. In late 2014, total trihalomethanes above federal and state drinking water standards were detected in drinking water. Thereafter, elevated blood lead levels were discovered in citizens, including children, within the city of Flint; and
Whereas, In response to state of emergency declarations by the city of Flint and Genesee County, Governor Rick Snyder declared a state of emergency on January 5, 2016 and requested a presidential disaster declaration. On January 16, 2016, President Barack Obama issued a presidential emergency declaration; and
Whereas, There are multiple ongoing investigations into the actions leading to the public health emergency in the city of Flint, the response to the emergency, and the future steps that can be taken to ensure safe, clean drinking water for state residents; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That there be created the Joint Select Committee on the Flint Water Public Health Emergency. The joint select committee shall consist of three members of the Senate appointed by the Senate Majority Leader, one from the Senate Democratic Caucus recommended by the Senate Minority Leader and two from the Senate Republican Caucus, and three members of the House of Representatives appointed by the Speaker of the House, one from the House Democratic Caucus recommended by the House Minority Leader and two from the House Republican Caucus. The Senate Majority Leader shall designate the chairperson of the joint select committee, and the Speaker of the House shall designate the vice chairperson; and be it further
Resolved, That the joint select committee shall examine the status and efficacy of governmental actions in response to the public health emergency in the city of Flint and Genesee County. In carrying out its duties, the joint select committee shall receive reports and information related to the public health emergency in the city of Flint and Genesee County. The joint select committee shall report to the Legislature a summary of the reports it has received and recommendations on further appropriate actions the Legislature may take to address the Flint water public health emergency and to prevent similar emergencies in other communities in the state.
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 concurrent resolution was adopted.
Senators Booher, Brandenburg, Colbeck, Hansen, Knollenberg, MacGregor, Pavlov and Zorn were named co‑sponsors of the concurrent resolution.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 136, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
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. 71 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 Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Smith
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 680, entitled
A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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. 4727
House Bill No. 4888
Senate Bill No. 566
The motion prevailed.
The following bill was read a third time:
House Bill No. 4727, entitled
A bill to amend 1959 PA 259, entitled “Tall structure act,” by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a, 259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended and sections 2a and 2d as added by 1986 PA 296, and by adding section 2f.
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. 72 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 Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Smith
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 promote the safety, welfare, and protection of persons and property in the air and on the ground by regulating the height, location, and visual and aural identification characteristics of certain structures; to provide for the powers and duties of certain state agencies; and to provide penalties for the violation of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4888, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409.
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. 73 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 Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Smith
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; 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. 566, entitled
A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors or animals.
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. 74 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 Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Smith
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Warren and Bieda introduced
Senate Bill No. 811, entitled
A bill to establish gestational surrogate parentage contracts; to allow gestational surrogate parentage contracts for compensation; to provide for a child conceived, gestated, and born according to a gestational surrogate parentage contract; to provide for penalties and remedies; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senators Marleau and Bieda introduced
Senate Bill No. 812, entitled
A bill to designate the monarch butterfly as the official insect of the state of Michigan.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4651, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177.
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. 5132, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts.
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 Finance.
House Bill No. 5133, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts.
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 Finance.
Statements
Senators Warren and Stamas asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Warren’s statement is as follows:
Colleagues, I rise today standing in front of you wearing orange. This is because Michigan has been in the news a lot this past week and not for a very good reason. We have been in the news because of the number of people killed or injured by gun violence in our state. Just in this past week, there were instances both intentional and unintentional.
I wear orange in recognition of a national effort to prevent gun violence. The idea was taken from generations of hunters who have worn orange to make fellow hunters aware of their presence in the woods and to ultimately prevent unintentional shootings. Wearing orange was used as a call to action when a teen on the South Side of Chicago was killed, and his classmates urged the wearing of orange to symbolize the value of human life.
At the beginning of this Senate session, we heard our fellow Senators describe what happen in their communities when a man shot and killed six people and injured two others in a senseless shooting rampage in the Kalamazoo area over the weekend. What they didn’t talk about was that same day a mother in Kentwood was shot in the head by her 3-year-old child who accidently discharged a firearm. In Fowlerville, a mother and her son were killed in what local authorities say appears to have been a murder-suicide. Last Wednesday in Flint, a toddler somehow got hold of a gun and shot and killed himself. Unfortunately, that is just the short list, and in just the past week—one week, colleagues.
In Michigan, more people die every year as a result of gun violence than in traffic accidents, and yet we seem unwilling to regulate firearms the same way we regulate automobiles. Every year, more than 30,000 are shot and killed in America, and 70,000 more are shot and have survived. It is just unacceptable.
I rise today to ask you all, my colleagues, to consider what this body is going to do to make Michigan a safer place to live, work, and raise a family. I know that if we work together, we can change the situation for the better. We have solutions and they are solutions that the vast majority of Michiganders and Americans support. This includes responsible gun owners. We have a real opportunity to make policy changes that both respect the Second Amendment and do more to help keep our homes and communities safe. We have legislation already introduced that would close some unfortunate loopholes in our state’s concealed carry laws, preventing individuals from carrying concealed pistols in gun-free zones, such as hospitals, stadiums, schools, dormitories, day-care facilities, places of worship, and libraries.
We already have legislation introduced that will ensure everyone purchasing a firearm clears a real, universal background check, a move that a whopping 86 percent of Americans support.
We already have legislation introduced that will require those owning guns to securely lock and store their weapons in their homes, making sure they are out of the hands of children. If recent news tells us anything, colleagues, it is that guns and children do not mix. Laws in other states requiring gun owners to safely lock and store their weapons and for sellers to inform buyers of their duty to do so have been shown to reduce unintentional shootings by children by 23 percent. We can do that here, because the legislation is already introduced. Americans broadly support requiring that firearms be safely stored.
All of these bills are assigned to a committee and just need a hearing to move forward. I have called for the passage of these bills for months, and now that we have these tragedies that have happened in our own districts, I hope that we will take a good look at how we can prevent future tragedies from happening. We cannot let sensible gun policies languish in committee any longer.
I challenge you today to match your thoughts and prayers for the victims of intentional and unintentional gun violence with action. Help me make Michigan a safer place for all of our constituents.
Senator Stamas’ statement is as follows:
Good morning, colleagues. It is again with a heavy heart that I stand before you here today. On Wednesday, February 17, Midland lost a dear friend and champion in retired Sheriff John Reder. Sheriff Reder served Midland County with distinction and class from 1967 to 2004. At the age of 24, Sheriff Reder joined the Midland Sheriff’s Office, working his way up to chief jailer before being elected the Midland County Sheriff in 1990. Sheriff Reder was an outstanding public servant who put his community before himself.
My thoughts and prayers are with Sheriff Reder’s family and all those he helped throughout the years.
Committee Reports
The Committee on Transportation reported
Senate Bill No. 739, entitled
A bill to amend 2012 PA 387, entitled “Regional transit authority act,” (MCL 124.541 to 124.558) by adding section 10a.
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 Hopgood
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, February 18, 2016, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on State Police and Military Affairs submitted the following:
Meeting held on Tuesday, February 23, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Nofs (C), Colbeck and Knezek
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Colleges submitted the following:
Meeting held on Tuesday, February 23, 2016, at 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Booher (C), Schuitmaker and Knezek
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesdays, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Capital Outlay - Wednesday, February 24, 4:15 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-8080)
Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373‑2768)
Corrections - Wednesday, February 24, 12:30 p.m., Room 405, Capitol Building (373-2768)
General Government - Thursdays, February 25 and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768)
Health and Human Services - Tuesday, March 1, 2:30 p.m., Rooms 402 and 403, Capitol Building; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Higher Education and House Higher Education Appropriations Subcommittee - Thursday, February 25, 1:00 p.m. or later after committees are given leave by the House to meet, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Monday, February 29, 1:00 p.m., Curtiss Hall, Conference Rooms B and C, Saginaw Valley State University, 7400 Bay Road, University Center; and Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Judiciary - Wednesday, February 24, Tuesday, March 1 (CANCELED), and Wednesday, March 2, 9:00 a.m., Room 405, Capitol Building (373-2768)
State Police and Military Affairs - Tuesdays, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Transportation - Thursdays, February 25, March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Criminal Justice Policy Commission - Wednesday, March 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Government Operations - Tuesday, March 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)
Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑0212)
Michigan Competitiveness - Wednesday, February 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)
Natural Resources - Wednesday, February 24, 12:30 p.m., Room 210, Farnum Building (373-5314)
Transportation - Thursday, February 25, 8:30 a.m., Room 210, Farnum Building (373-5312)
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 Wednesday, February 24, 2016, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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