No. 34

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Wednesday, April 13, 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 O’Brien—present

Bieda—present Horn—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—excused Johnson—excused Robertson—present

Casperson—present Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Emmons—present Knollenberg—present Schuitmaker—present

Green—present Kowall—present Shirkey—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

Pastor Grant Agler of Life Bridge Church of Taylor offered the following invocation:

Our Father in heaven, we recognize Your power and Your authority here on this earth. God, we recognize Your presence here in this room. We invite Your wisdom and guidance. If any person lacks wisdom, You would give it to them generously without finding any fault. Today we pray for that wisdom. We humble ourselves before Your mighty hand and ask for that wisdom.

We pray for it in Jesus’ name. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Marleau, Ananich and Green entered the Senate Chamber.

Senator Kowall moved that Senators Hansen, Schmidt, Shirkey and Knollenberg be temporarily excused from today’s session.

The motion prevailed.

Senator Kowall moved that Senator Brandenburg be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senators Shirkey, Schmidt and Hansen entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, April 12:

House Bill Nos. 4984 5119 5283

The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, April 12, and are available at the Michigan Legislature website:

Senate Bill Nos. 871 872 873 874 875 876 877

House Bill Nos. 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543

5544

House Joint Resolution GG

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:05 a.m.

11:39 a.m.

The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.

During the recess, Senators Young and Knollenberg entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received:

Date: April 12, 2016

Time: 8:18 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 729 (Public Act No. 77), being

An act 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 2015 PA 236.

(Filed with the Secretary of State on April 12, 2016, at 3:22 p.m.)

Date: April 12, 2016

Time: 8:20 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 171 (Public Act No. 78), being

An act to amend 1893 PA 206, entitled “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,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.

(Filed with the Secretary of State on April 12, 2016, at 3:24 p.m.)

Date: April 12, 2016

Time: 8:22 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 667 (Public Act No. 81), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b.

(Filed with the Secretary of State on April 12, 2016, at 3:30 p.m.)

Date: April 12, 2016

Time: 8:24 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 502 (Public Act No. 80), being

An act to amend 1984 PA 323, entitled “An act to prohibit fraud in the obtaining of benefits or payments in connection with health care coverage and insurance; to prohibit kickbacks or bribes in connection with such coverage and insurance; to prohibit conspiracies in obtaining benefits or payments; to provide for certain powers and duties of certain state and local officers and agencies; to provide for and preclude certain civil actions; and to prescribe penalties,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411.

(Filed with the Secretary of State on April 12, 2016, at 3:28 p.m.)

Date: April 12, 2016

Time: 8:26 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 366 (Public Act No. 79), being

An act to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

(Filed with the Secretary of State on April 12, 2016, at 3:26 p.m.)

Date: April 12, 2016

Time: 8:28 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 582 (Public Act No. 82), being

(Filed with the Secretary of State on April 12, 2016, at 3:32 p.m.)

Date: April 12, 2016

Time: 8:30 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 583 (Public Act No. 83), being

An act to amend 1933 PA 94, entitled “An act to authorize public corporations to purchase, acquire, construct, improve, enlarge, extend, or repair public improvements within or without their corporate limits, and to own, operate, and maintain the same; to authorize the condemnation of property for such public improvements; to provide for the imposition and collection of charges, fees, rentals, or rates for the services, facilities, and commodities furnished by such public improvements; to provide for the issuance of bonds and refunding bonds payable from the revenues of public improvements; to provide for a pledge by public corporations of their full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary for the payment of the bonds, or for advancing money from general funds for payment of bonds; to provide for payment, retirement, and security of such bonds; to provide for the imposition of special assessment bonds for the purpose of refunding outstanding revenue bonds; to prescribe the powers and duties of the department of treasury and of the municipal finance commission or its successor agency relative to such bonds and relative to private activity bonds issued by a state or local governmental entity; to provide for other matters in respect to such public improvements and bonds and to validate action taken and bonds issued; and to prescribe penalties and provide remedies,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a.

(Filed with the Secretary of State on April 12, 2016, at 3:34 p.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on April 12, 2016, and read:

PROCLAMATION

Request for Extension of Declaration of Emergency

WHEREAS, on April 25, 2014, the water source in the City of Flint, Michigan, was switched from the Detroit water system to the Flint River. The switch to the new water source resulted in impacts to Flint’s water system, particularly in areas with lead service lines or lead plumbing and fixtures in private residences. In these areas, lead leached into the water potentially exposing residents to negative health impacts; and

WHEREAS, from October 1, 2015, to this date, the County of Genesee, City of Flint, the State of Michigan, and the Federal Emergency Management Agency have taken numerous actions to cope with the situation, including but not limited to, switching back to the Detroit water system on October 16th, declaring states of emergency, activating the emergency response and recovery aspects of their emergency operations plans, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and

WHEREAS, it is in the best interest of the state of Michigan to continue to provide resources within the city, and take appropriate measures in response to the public health emergency, to ensure that resources remain sufficient to protect public health, safety and property, and to lessen or avert the threat of more severe and long lasting impacts to the community;

NOW, THEREFORE, I, RICHARD D. SNYDER, Governor of the state of Michigan, pursuant to the Constitution of the state of Michigan and the provisions of Act No. 390 of the Public Acts of 1976, as amended, do hereby request the legislature extend the state of emergency proclaimed on January 5, 2016, and previously extended through April 14, 2016, for an additional 122 days, through August 14, 2016, in the County of Genesee and the City of Flint. This additional 122-day extension coincides with the extension of the Presidential Emergency Declaration through August 14, 2016.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 12th day of April in the year of our Lord, Two Thousand and Sixteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The message was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Kowall moved that consideration of the following resolutions be postponed for today:

House Concurrent Resolution No. 3

Senate Resolution No. 76

Senate Resolution No. 75

The motion prevailed.

Senate 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.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator Green offered the following resolution:

Senate Resolution No. 160.

A resolution to proclaim October 2-8, 2016, as Lions Week.

Whereas, There are over 12,000 Lions members, both men and women, in more than 500 clubs throughout Michigan. Around the world, their 46,000 clubs and 1.4 million members make them the world’s largest service club organization; and

Whereas, In 1925, Helen Keller addressed the Lions Clubs International Convention in Cedar Point, Ohio, and challenged Lions to become “knights of the blind in the crusade against darkness.” Since then, they have worked tirelessly to aid the blind and visually impaired and have earned high marks for both integrity and transparency throughout their 99-year history; and

Whereas, Lions meet the needs of local communities and the world. The 1.4 million members of their volunteer organization in 210 countries and geographic areas are different in many ways, but share a core belief—community is what we make it; and

Whereas, In Michigan, Lions Clubs perform a huge variety of services to their communities, such as providing eyeglasses and hearing aids to those who cannot afford them; hosting holiday parties for underprivileged kids; underwriting food giveaways; assisting in sending kids to camp; maintaining parks; visiting seniors; supporting organ donation drives; vision testing for young children; and many more; and

Whereas, All Michigan Lions Clubs come together to support four state projects: Leader Dogs for the Blind, Michigan Eye Bank, Bear Lake Camp, and Lions of Michigan Foundation, which help fund endeavors such as disaster relief in the United States and abroad; now, therefore, be it

Resolved by the Senate, That we hereby proclaim October 2-8, 2016, as Lions Week in the state of Michigan. May Lions Clubs throughout Michigan reaffirm their member-service mission: “To empower volunteers to serve their communities, meet humanitarian needs, encourage peace and promote international understanding through Lions clubs”; and be it further

Resolved, That copies of this resolution be transmitted to the Lions of Michigan Council of Governors and the Lions of Michigan State Office as a reflection of our esteem.

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, Hertel, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Proos, Rocca, Schuitmaker and Zorn were named co‑sponsors of the resolution.

Senator Schuitmaker offered the following resolution:

Senate Resolution No. 161.

A resolution to commemorate the week of April 10-16, 2016, as Crime Victims’ Rights Week.

Whereas, With the implementation of the Crime Victim’s Rights Act in 1985 and the passage of a constitutional amendment in 1988, the state of Michigan has adopted some of the nation’s most comprehensive laws to protect the rights of crime victims; and

Whereas, Crime victims possess the right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. All of us must do what we can to adhere not only to the crime victim’s rights laws, but to the spirit of those laws as well. Let us acknowledge that just as government must be open to its citizens, so our system of justice must be open to victims of crime; and

Whereas, Though Michigan continues to make strides in reducing the crime rate, there are still far too many victims of crime. Michigan families reported thousands of new victims of crime last year, and research consistently indicates that less than half of all crimes are reported. The most recent National Intimate Partner and Sexual Violence Survey results have estimated that today in Michigan, there are over 1 million survivors of sexual assault; and

Whereas, The millions of Michigan citizens who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large; and

Whereas, The national theme for 2016 is “Serving Victims, Building Trust, Restoring Hope” Let us focus on the importance of early intervention and victim services in establishing trust with victims, which, in turn, begins to restore their hope for healing and recovery; and

Whereas, The victim services community has worked diligently for decades to create an environment for victims that is safe, supportive, and effective; and

Whereas, Intervening early with services that support and empower victims provides a pathway to recovery from crime and abuse; and

Whereas, Serving victims and rebuilding their trust restores hope to victims and survivors, as well as their communities; and

Whereas, National Crime Victims’ Rights Week, April 10-16, 2016, is an opportune time to commit to ensuring that all victims of crime are offered accessible and appropriate services in the aftermath of crime; now, therefore, be it

Resolved by the Senate, That we hereby commemorate the week of April 10-16, 2016, as Crime Victims’ Rights Week in the state of Michigan and express our support of their rights with a vigil on April 13, 2016, at the State Capitol; and be it further

Resolved, That we reaffirm this state’s commitment to protecting the rights of crime victims and addressing their needs.

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, Colbeck, Hertel, Hood, Horn, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Proos, Rocca, Warren and Zorn were named co‑sponsors of the resolution.

Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Schuitmaker’s statement is as follows:

I rise today in support of Senate Resolution No. 161 which recognizes this week as Crime Victims’ Rights Week in Michigan. Across the country, this week is designated as a week to remember the victims of crime.

Michigan families report thousands of new victims of crime each year, and research consistently indicates that less than half of all crimes are reported. We recognize that our response to crime victims plays an important role in the efforts to rebuild their lives following their experience. Too often, crime victims are relegated to a footnote in a new report, and their stories are never heard. We owe them more. These are innocent people, just like you and I, who happen to be in the wrong place at the wrong time, and, through no fault of their own, have had their lives changed forever. We owe it to them to see that their voices are heard.

In addition to this resolution, tonight is the annual Crime Victims Vigil here in the Capitol, co-hosted by Attorney General Bill Schuette, Senator Bieda, and myself. This will be an occasion to honor and remember victims, to support the loved ones of victims, and to support the loved ones of victims who are no longer with us. There is strength and peace that comes from shared experiences, and we hope that tonight will provide an opportunity for victims to come together. You are all welcome to join us in the rotunda at 6:00 tonight.

Victims deserve to be heard and remembered, and I ask that my colleagues support this resolution to give a voice to those who are so often forgotten.

Senator Meekhof offered the following concurrent resolution:

Senate Concurrent Resolution No. 28.

A concurrent resolution to approve an extension of the state of emergency in the county of Genesee and the city of Flint.

Whereas, Since October 1, 2015, the county of Genesee, the city of Flint, the state of Michigan, and the Federal Emergency Management Agency have taken numerous actions to cope with the drinking water situation in the county of Genesee and the city of Flint, including but not limited to, switching back to the Detroit water system on October 16, declaring states of emergency, activating the emergency response and recovery aspects of their emergency operations plans, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and

Whereas, The legislature previously adopted Senate Concurrent Resolution No. 23 to extend the state of emergency in the county of Genesee and the city of Flint declared by Governor Snyder on January 5, 2016, through April 14, 2016; and

Whereas, It is in the best interest of the state of Michigan to continue to provide resources within the city, and take appropriate measures in response to the public health emergency, to ensure that resources remain sufficient to protect public health, safety, and property, and to lessen or avert the threat of more severe and long-lasting impacts to the community; and

Whereas, Pursuant to the Constitution of the State of Michigan of 1963 and section 3 of the Emergency Management Act, 1976 PA 390, MCL 30.403, Governor Snyder requested on April 12, 2016, that the legislature approve a further extension of the state of emergency through August 14, 2016. This additional 122-day extension coincides with the extension of the Presidential Emergency Declaration; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we approve Governor Snyder’s request for an extension of the state of emergency in the county of Genesee and the city of Flint declared on January 5, 2016, and previously extended through April 14, 2016, for an additional 122 days; and be it further

Resolved, That copies of this resolution be transmitted to the Governor.

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 Bieda, Colbeck, Hertel, Knollenberg, Kowall, MacGregor, O’Brien, Rocca and Zorn were named co‑sponsors of the concurrent resolution.

House Concurrent Resolution No. 22.

A concurrent resolution to urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide.

Whereas, Conservation in the United States is funded primarily by sportsmen and women. This American System of Conservation Funding is a user pays – public benefits approach that includes excise taxes on hunting, fishing, and boating equipment. This strategy is widely recognized as the most successful model of fish and wildlife management funding in the world; and

Whereas, Through the pursuit of their outdoor passions, sportsmen and women support hundreds of thousands of jobs and contribute billions to our economy annually through salaries, wages, and product purchases; and

Whereas, Currently pending legislation in the U.S. Senate would create or renew several important programs that are vital to the continued conservation of our natural resources, the health of America’s local economies, and the enhancement and protection of our time-honored outdoor pastimes. Senate Bill 659, the Bipartisan Sportsmen’s Act of 2015, pulls together fourteen separate programs that impact sportsmen. The bill will advance the cause of making public lands more accessible for multiple recreational uses including hunting and fishing; and

Whereas, The bill will renew several important programs, including reauthorization of the federal Land Transaction Facilitation Act, the North American Wetlands Conservation Act, and the National Fish and Wildlife Foundation. The reauthorization of these programs as well as the creation of new programs will enhance opportunities for outdoor recreation enthusiasts, improve access to public lands, and help boost the outdoor recreation economy. Conserving our fish and wildlife resources and their habitats, and ensuring that future generations have access to public lands and continued recreational opportunities protects our hunting, shooting, and conservation heritage for generations to come; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide; 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.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Kowall moved that the concurrent resolution be referred to the Committee on Outdoor Recreation and Tourism.

The motion prevailed.

Senators Knollenberg, MacGregor, Marleau, O’Brien, Proos, Rocca and Zorn were named co‑sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 27.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see Senate Journal No. 32, p. 451.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

The President pro tempore, Senator Schuitmaker, assumed the Chair.

By unanimous consent the Senate returned to the order of

General Orders

Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator O’Brien as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4477, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 227 and 316 (MCL 600.227 and 600.316).

House Bill No. 4479, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81 (MCL 750.81), as amended by 2012 PA 366.

House Bill No. 4788, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365.

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:

House Bill No. 4476, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1035.

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:

House Bill No. 4478, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950 (MCL 600.2950), as amended by 2001 PA 200.

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. 4480, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259.

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. 4481, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 5 and 7a (MCL 722.25 and 722.27a), section 5 as amended by 1993 PA 259 and section 7a as amended by 2015 PA 50.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 818

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 818, entitled

A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212.

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. 166 Yeas—35

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Casperson Hopgood Meekhof Shirkey

Colbeck Horn Nofs Stamas

Emmons Hune O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—0

Excused—2

Brandenburg Johnson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Shirkey introduced

Senate Bill No. 878, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271.

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

Senator Shirkey introduced

Senate Bill No. 879, 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 sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259.

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

Senators Jones, Bieda, Knollenberg, Knezek and Hood introduced

Senate Bill No. 880, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32517.

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

Senators Nofs and Zorn introduced

Senate Bill No. 881, entitled

A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Lenawee, Manistee, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances.

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

Senator Hune introduced

Senate Bill No. 882, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” (MCL 722.21 to 722.31) by adding section 7d.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

House Bill No. 4984, entitled

A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2012 PA 222.

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. 5119, entitled

A bill to amend 1978 PA 389, entitled “An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; to prescribe powers and duties of the family independence agency; to prescribe immunities and liabilities of certain persons and officials; and to prescribe penalties for violations of this act,” by amending the title and section 1 (MCL 400.1501), the title as amended by 2001 PA 192 and section 1 as amended by 2000 PA 84.

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 Families, Seniors and Human Services.

House Bill No. 5283, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2015 PA 242, and by adding section 36a.

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.

Committee Reports

The Committee on Local Government reported

Senate Bill No. 844, entitled

A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Dale W. Zorn

Chairperson

To Report Out:

Yeas: Senators Zorn, Proos, Rocca and Young

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local Government reported

House Bill No. 5278, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 306 and 307 (MCL 280.306 and 280.307).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Dale W. Zorn

Chairperson

To Report Out:

Yeas: Senators Zorn, Proos, Rocca and Young

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Local Government submitted the following:

Meeting held on Tuesday, April 12, 2016, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Zorn (C), Proos, Rocca and Young

Excused: Senator Brandenburg

The Committee on Education reported

Senate Bill No. 754, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 626, 684, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1711, and 1751 (MCL 380.626, 380.684, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1711, and 380.1751), section 684 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, and sections 1711 and 1751 as amended by 2008 PA 1; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 755, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 13, 18, 19, 51a, and 58 (MCL 388.1613, 388.1618, 388.1619, 388.1651a, and 388.1658), section 13 as amended by 2004 PA 351, section 18 as amended by 2015 PA 114, section 19 as amended by 2014 PA 196, section 51a as amended by 2015 PA 85, and section 58 as amended by 1997 PA 93.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 756, entitled

A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 757, entitled

A bill to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 758, entitled

A bill to repeal 1964 PA 28, entitled “An act to transfer the powers, duties and functions of the state board of control for vocational education to the state board of education,” (MCL 395.21).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 759, entitled

A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 760, entitled

A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 761, entitled

A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 762, entitled

A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 763, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2015 PA 85 and section 58 as amended by 1997 PA 93.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 764, entitled

A bill to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 765, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Education reported

Senate Bill No. 766, entitled

A bill to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on 767 reported

Senate Bill No. 767, entitled

A bill to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Tuesday, April 12, 2016, at 12:11 p.m., Room 110, Farnum Building

Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek

COMMITTEE ATTENDANCE REPORT

The Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following:

Meeting held on Tuesday, April 12, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Stamas (C), Hune and Ananich

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Tuesday, April 12, 2016, at 12:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Shirkey (C), O’Brien, Marleau, Jones, Robertson, Hertel, Knezek and Hopgood

Excused: Senators Hune and Stamas

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Health and Human Services submitted the following:

Meeting held on Tuesday, April 12, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Hansen, Gregory and Hertel

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Tuesday, April 12, 2016, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Stamas (C), Nofs, Booher and Young

Scheduled Meetings

Agriculture - Thursday, April 14, 9:00 a.m., Room 110, Farnum Building (373-5323)

Appropriations - Thursday, April 14, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)

Subcommittees -

Corrections - Thursday, April 14, 12:00 noon, Room 405, Farnum Building (373-2768)

Licensing and Regulatory Affairs - Thursday, April 14, 1:00 p.m., Room 100, Farnum Building (373-2768) (CANCELED)

State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Education - Tuesday, April 19, 8:30 a.m. and 12:00 noon, Room 110, Farnum Building (373-5314)

State Drug Treatment Court Advisory Committee - Tuesday, April 19, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Veterans, Military Affairs and Homeland Security - Thursday, April 14, 2:00 p.m., Room 110, Farnum Building (373-5314)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 11:58 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, April 14, 2016, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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