No. 48
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2016
Senate Chamber, Lansing, Tuesday, May 17, 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—present Johnson—present 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 Tim Brondyke of Fish Lake Bible Church of Sturgis offered the following invocation:
Dear heavenly Father, we come to You today with thankful hearts for all of Your blessings, for every good and perfect gift comes from You. We ask that You would bless and lead our great state of Michigan; particularly today, we ask that You would bless and lead those who are in elected leadership. May it be true as the Apostle Paul has said that we do not cease to pray for you and to ask that you might be filled with the knowledge of His will in all wisdom and understanding.
We face great challenges as a state that require us to work together for solutions. Help us to go against our nature and do nothing out of selfish ambition or vain conceit, but rather in humility to value others above ourselves. Remind each of us that we have been given places of leadership, and if we would serve well, anyone who wants to be first must be the very last and a servant of all. May we heed the ambition to humble ourselves before the Lord, and let You lift us up.
We pray today for wisdom as these decisions are made, as we seek not for positions, but instead for solutions. For wisdom will enter your heart, and knowledge will be pleasant to your soul. Blessed are those who find wisdom and those who gain understanding. Today, we would ask, as You have commanded us to, that if any of us lacks wisdom, we would ask of God, who gives to all men liberally and does not upbraideth.
Father, today, we pray for our Senators, our leadership, our Governor and Lieutenant Governor, and those who serve in our House; that You would grant them great wisdom and understanding; that You would continue to bless us as a state; and we give You the praise, 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 Proos, Hertel and Ananich entered the Senate Chamber.
Senator Kowall moved that Senators Emmons, Green, Schmidt and Shirkey be temporarily 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 Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Johnson admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
11:33 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senator Johnson introduced the University of Detroit Jesuit High School and Academy Men’s Basketball Team, 2016 MHSAA Class A State Champions, Head Coach Pat Donnelly, and President Karl Kiser; and presented them with a Special Tribute.
During the recess, Senators Green, Schmidt, Shirkey, Young and Emmons entered the Senate Chamber.
The following communication was received and read:
Office of the Auditor General
May 13, 2016
Enclosed is a copy of the following audit report:
• Performance audit report on Investment-Related Systems, Bureau of Investments, Department of Treasury and Department of Technology, Management, and Budget.
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Government Operations.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 12:
House Bill Nos. 4976 4977 4978 5273 5314 5326 5447 5512 5562 5581
The Secretary announced that the following bills were printed and filed on Thursday, May 12, and are available at the Michigan Legislature website:
Senate Bill No. 961
House Bill Nos. 5647 5648 5649 5650 5651 5652 5653 5654
Messages from the Governor
The following messages from the Governor were received and read:
May 2, 2016
I respectfully submit to the Senate the following appointment to office:
Michigan Commission on Services to the Aging
Linda K. Strohl of 12871 Baldwin Road, Sawyer, Michigan 48125, county of Berrien, representing Independents, succeeding Renee Reid-Smith, is appointed for a term expiring July 28, 2018.
May 2, 2016
I respectfully submit to the Senate the following appointments to office:
Michigan Community Corrections Board
Cory Chavis of 42538 Ashley Court, Canton, Michigan 48187, county of Wayne, representing the general public, succeeding himself, is reappointed for a term expiring March 31, 2020.
William DeBoer of 2744 Red Osier Court, Byron Center, Michigan 49315, county of Kent, representing existing community alternatives programs, succeeding himself, is reappointed for a term expiring March 31, 2020.
Matthew R. Heins of 2020 Cascade Drive, Jackson, Michigan 49203, county of Jackson, representing city police departments, succeeding himself, is reappointed for a term expiring March 31, 2020.
Keith W. Turpel of 2834 Fairfield Avenue, Kalamazoo, Michigan 49048, county of Kalamazoo, representing criminal defense attorneys, succeeding Thomas Clement, is appointed for a term expiring March 31, 2020.
May 2, 2016
I respectfully submit to the Senate the following appointment to office:
Michigan Compensation Appellate Commission
David J. DeGraw of 1110 Northwood Drive, N.E., Grand Rapids, Michigan 49505, county of Kent, succeeding Gregory Przybylo, is appointed for a term commencing May 23, 2016, and expiring July 31, 2019.
May 2, 2016
I respectfully submit to the Senate the following appointments to office:
Underground Storage Tank Authority Board
John M. Dimmick of 57276 Sodaman Street, Marcellus, Michigan 49067, county of Cass, representing individuals from independent petroleum marketers, succeeding himself, is reappointed for a term expiring May 25, 2019.
Grenetta Thomassey of 894 Bren Del Drive, Petoskey, Michigan 49770, county of Emmet, representing individuals from a statewide environmental organization, succeeding herself, is reappointed for a term expiring May 25, 2019.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
The following message from the Governor was received and read:
May 2, 2016
Due to an error on the letter dated August 17, 2015, and filed with your office on August 19, 2015, please be advised of the following correction appearing in bold print:
Michigan Collection Practices Board
Rebecca L. Roberts of 1711 N. Sutton Road, Jackson, Michigan 49202, county of Jackson, representing professionals, succeeding Beth Rowe, is appointed for a term expiring June 30, 2016.
Jennifer Willis Dietrich of 2248 Pleasant Valley Drive, Brighton, Michigan 48118, county of Livingston, representing professionals, succeeding herself, is reappointed for a term expiring June 30, 2019.
Jeanne M. Roth of 5082 Birch Tree Court, Grand Blanc, Michigan 48439, county of Genesee, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2019.
Sincerely,
Rick Snyder
Governor
The message was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 883, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sections 360 and 360a.
Senate Bill No. 914, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109.
Senate Bill No. 901, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170.
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. 5017, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5018, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471.
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. 5019, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5020, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207).
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. 5021, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471.
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. 5022, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411).
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. 4493, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168.
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. 5294, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
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. 5251, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 809, entitled
A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5256, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 5263, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 5268, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 5272, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 5274, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 5276, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
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. 5306, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 5329, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 858, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374.
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
Messages from the House
Senate Bill No. 343, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 263 Yeas—36
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Emmons Hune Nofs Stamas
Green Johnson O’Brien Warren
Gregory Jones Pavlov Young
Hansen Knezek Proos Zorn
Nays—1
Colbeck
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 344, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 409, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 410, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 501, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 264 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—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 606, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 607, entitled
A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122).
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 265 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—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 637, entitled
A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 659, entitled
A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 719, entitled
A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 738, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
House Bill No. 5176, entitled
A bill to amend 2014 PA 86, entitled “An act to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts.
The House of Representatives has amended the Senate substitute (S-3) as follows:
1. Amend page 5, line 23, after “authority.” by inserting “FUNDS APPROPRIATED UNDER THIS SUBDIVISION FOR FISCAL YEAR 2015-2016 MAY BE USED TO PAY A CORRECTED TAX INCREMENT SMALL TAXPAYER EXEMPTION LOSS FOR 2014 IF A TAX INCREMENT FINANCE AUTHORITY SUBMITS BEFORE JUNE 1, 2016 A CORRECTION TO A REPORT THAT WAS FILED UNDER SECTION 16A BEFORE OCTOBER 1, 2014.”.
The House of Representatives has concurred in the Senate substitute (S-3) as amended and agreed to the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendment made to the Senate substitute,
The amendment to the substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 266 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—0
Not Voting—0
In The Chair: Schuitmaker
Recess
Senator Kowall moved that the Senate recess until 1:15 p.m.
The motion prevailed, the time being 12:23 p.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Warren admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:16 p.m.
1:30 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill:
Senate Bill No. 784
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 784, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 267 Yeas—0
Nays—34
Bieda Hildenbrand Kowall Robertson
Booher Hood MacGregor Rocca
Casperson Hopgood Marleau Schmidt
Colbeck Horn Meekhof Schuitmaker
Emmons Hune Nofs Shirkey
Green Johnson O’Brien Stamas
Gregory Jones Pavlov Warren
Hansen Knezek Proos Zorn
Hertel Knollenberg
Excused—0
Not Voting—3
Ananich Brandenburg Young
In The Chair: Schuitmaker
Senator Hood moved that Senator Ananich be temporarily excused from the balance of today’s session.
The motion prevailed.
Senator Kowall moved that Senator Brandenburg be temporarily excused from the balance of today’s session.
The motion prevailed.
Senators Brandenburg and Ananich entered the Senate Chamber.
Senate Bill No. 786, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; 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).
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 not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 268 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 787, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; 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).
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 not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 269 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 270 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 792, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; 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).
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 not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 271 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 793, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; 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).
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 not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 272 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 795, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; 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).
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 not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 273 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 796, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 274 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senate Bill No. 801, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 95a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 59, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 17b, 201, 201a, 236, and 236a (MCL 388.1611, 388.1617b, 388.1801, 388.1801a, 388.1836, and 388.1836a), section 11 as amended by 2015 PA 139, section 17b as amended by 2007 PA 137, and sections 201, 201a, 236, and 236a as amended by 2015 PA 85.
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 not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No. 275 Yeas—0
Nays—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
Excused—0
Not Voting—0
In The Chair: Schuitmaker
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
House Bill No. 5294
House Bill No. 5256
House Bill No. 5263
House Bill No. 5268
House Bill No. 5272
House Bill No. 5274
House Bill No. 5276
House Bill No. 5306
House Bill No. 5329
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5294
House Bill No. 5256
House Bill No. 5263
House Bill No. 5268
House Bill No. 5272
House Bill No. 5274
House Bill No. 5276
House Bill No. 5306
House Bill No. 5329
Senate Bill No. 671
Senate Bill No. 690
Senate Bill No. 691
Senate Bill No. 692
Senate Bill No. 693
Senate Bill No. 694
House Bill No. 4344
The motion prevailed.
The following bill was read a third time:
House Bill No. 5294, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
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. 276 Yeas—24
Booher Hildenbrand Marleau Robertson
Brandenburg Horn Meekhof Schmidt
Casperson Jones Nofs Schuitmaker
Colbeck Knollenberg O’Brien Shirkey
Green Kowall Pavlov Stamas
Hansen MacGregor Proos Zorn
Nays—13
Ananich Hertel Hune Rocca
Bieda Hood Johnson Warren
Emmons Hopgood Knezek Young
Gregory
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5256, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 277 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5263, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 278 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5268, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 279 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5272, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 280 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5274, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 281 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5276, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
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. 282 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5306, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 283 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5329, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
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. 284 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Hertel Johnson Warren
Bieda Hood Knezek Young
Gregory Hopgood
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 671, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213.
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. 285 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—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 690, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58.
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. 286 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—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 691, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524.
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. 287 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—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 692, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263.
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. 288 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—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 693, entitled
A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434.
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. 289 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—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 694, entitled
A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434.
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. 290 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—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4344, entitled
A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 7g, 10b, 13a, 13b, and 32a.
The question being on the passage of the bill,
Senator Schmidt offered the following amendments:
1. Amend page 42, line 21, after “LEAST” by striking out “1 YEAR” and inserting “3 YEARS”.
2. Amend page 43, line 10, after “FOR” by striking out “1 YEAR” and inserting “3 YEARS”.
3. Amend page 43, line 13, after “BEYOND” by striking out “1 YEAR” and inserting “3 YEARS”.
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 291 Yeas—33
Ananich Hood Kowall Robertson
Bieda Hopgood MacGregor Rocca
Booher Horn Marleau Schmidt
Brandenburg Hune Meekhof Schuitmaker
Casperson Johnson Nofs Stamas
Gregory Jones O’Brien Warren
Hansen Knezek Pavlov Young
Hertel Knollenberg Proos Zorn
Hildenbrand
Nays—4
Colbeck Emmons Green Shirkey
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,”.
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Stamas introduced
Senate Bill No. 962, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c.
The bill was read a first and second time by title and referred to the Committee on Oversight.
House Bill No. 4976, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 3 (MCL 722.953), as amended by 2014 PA 524, and by adding section 8b.
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. 4977, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8c.
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. 4978, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8d.
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. 5273, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.
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. 5314, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343.
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 Health Policy.
House Bill No. 5326, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333a, 7422, 17708, and 17757 (MCL 333.7333a, 333.7422, 333.17708, and 333.17757), section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, and section 17757 as amended by 2014 PA 525, and by adding section 17744e.
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 Health Policy.
House Bill No. 5447, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2015 PA 78.
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 Transportation.
House Bill No. 5512, entitled
A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236).
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 Appropriations.
House Bill No. 5562, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2015 PA 81.
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 Appropriations.
House Bill No. 5581, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21506a (MCL 324.21506a), as amended by 2014 PA 416.
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 Appropriations.
Statements
Senators Hood and Emmons asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hood’s statement is as follows:
Colleagues, our state has spent millions of taxpayer dollars signing over government services to private contractors. Those contractors have, by and large, caused harm that far outweighs the cost savings that might have been realized. This is especially true in our prison system. To save money, the state got rid of 370 state correctional workers and hired the company called Aramark. As soon as they did, the problems started—meal shortages, maggots, expired food, drug smuggling, assault, and inappropriate sexual contact between prisoners and employees.
Aramark’s problems gave us the opportunity to go back to hiring and retaining state workers, but instead the state hired a new contractor—Trinity. Today, the problems that existed under Aramark are still happening. Just last week, a Trinity employee was fired after he was allegedly carrying heroin into a correctional facility. That’s not success in my world. That’s not saving money. That’s business the wrong way. Nelson Mandela said, “A nation should not be judged by how it treats its highest citizens, but how it treats its lowest ones.”
We can’t keep cutting corners when it comes to the lives of our citizens, even those who are incarcerated. We’ve already seen what cutting corners to save money can result in—harm to our constituents.
Colleagues, it is clear that privatization experiments have been a failure, and as soon as we recognize that, we will be better off.
Senator Emmons’ statement is as follows:
I would like to acknowledge the passing of one of our agricultural leaders in the state. It is with sadness today that I acknowledge that former dairy industry leader and former Michigan Milk Producers Association president, Elwood Kirkpatrick of Kinde, passed away on May 16 at the age of 79. He served the dairy industry for over 28 years in various positions, including 26 years as president of the Michigan Milk Producers Association. Throughout his presidency, he served the cooperative and dairy industries on both state and national levels through his involvement in a number of organizations.
Kirkpatrick was elected to serve on the MMPA board of directors in 1979, where his aptitude in finance quickly earned him the respect of fellow board members who elected him president in 1981. He continued to serve in that position until his retirement from the board in 2007.
An example of his leadership character emerged in the late 1980s when he helped to lead the charge to unify the promotion and marketing efforts of the U.S. dairy industry, bringing together the activities of the United Dairy Industry Association and the National Dairy Board throughout the formation of Dairy Management, Inc. This created greater efficiencies in the national dairy promotion program.
Elwood Kirkpatrick accomplished many notable successes, but one of his most influential roles was serving as the first chairman of the U.S. Dairy Export Council. He worked tirelessly to establish and grow the export dairy sector, when at a time of its beginning, dairy exports represented less than 3 percent of annual U.S. milk production. Today, exports of U.S. dairy products exceed over 15 percent of U.S. milk production.
Elwood was an accomplished dairy farmer. He has been recognized with the Michigan State University’s Dairy Farmer of the Year award in 1986 and Distinguished Service to Agriculture award in 1987.
I would ask that you join me in extending our condolences to the Kirkpatrick family. We are very grateful for Elwood Kirkpatrick’s leadership.
A moment of silence was observed in memory of Elwood Kirkpatrick, former Michigan Milk Producers Association president.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Veterans, Military Affairs and Homeland Security submitted the following:
Meeting held on Thursday, May 12, 2016, at 11:00 a.m., Room 110, Farnum Building
Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek
Scheduled Meetings
Agriculture - Thursday, May 19, 8:30 a.m., Room 110, Farnum Building (373-5323)
Appropriations - Wednesday, May 18, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)
Economic Development and International Investment - Wednesday, May 18, 9:00 a.m. (CANCELED) and Thursday, May 19, 1:00 p.m., Room 210, Farnum Building (373-5323)
Families, Seniors and Human Services - Wednesday, May 18, 3:00 p.m., Room 210, Farnum Building (373-5323)
Michigan Competitiveness - Wednesday, May 18, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)
Natural Resources - Wednesday, May 18, 12:30 p.m., Room 210, Farnum Building (373-1721)
Oversight - Thursday, May 19, 8:30 a.m., Room 100, Farnum Building (373-5314)
Regulatory Reform - Wednesday, May 18, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)
Transportation - Thursday, May 19, 8:30 a.m., Room 210, Farnum Building (373-5312)
Veterans, Military Affairs and Homeland Security - Wednesday, May 18, 8:30 a.m., Room 110, Farnum Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 2:27 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, May 18, 2016, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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