No. 73

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Thursday, December 1, 2016.

10:00 a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Ananich—present Hood—excused O’Brien—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—excused Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor Dennis Clanton of Woodland Church of Brownstown offered the following invocation:

Gracious and faithful God, thank You for last night’s rest that You blessed us with. Thank You for Your faithful care. We find ourselves renewed each and every day by Your tender mercies.

We thank You for the liberty, the freedom that we enjoy to assemble to work for the welfare, the peace, and the prosperity of our state. Grant us clarity of thought, honest convictions to labor for You and those we serve. As the Scriptures say, we commit our ways to You, O Lord. We also trust in You and You will bring Your plans to pass.

Bless these good men and women today, I pray, as we wait patiently upon You and work for You. In Christ’s name. Amen.

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

Motions and Communications

Senators Hopgood and Nofs entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

Senator Booher entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 30:

House Bill Nos. 5033 5282 5400 5533 5702 5720 5748 5774 5782 5806 5824 5825 5847 5876

5877 5889 5890

The Secretary announced that the following bills were printed and filed on Wednesday, November 30, and are available at the Michigan Legislature website:

Senate Bill Nos. 1182 1183 1184 1185 1186

House Bill Nos. 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082

6083 6084 6085 6086

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.

10:19 a.m.

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

During the recess, Senators Johnson, Knollenberg and Hildenbrand entered the Senate Chamber.

Senators Young, Brandenburg and O’Brien asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Young’s statement is as follows:

Colleagues, I rise today so that we can take a moment to remember a courageous man who woke up every single day of his life hoping to make a difference in his community. I’d like to quote English author Albert Pike who once said, “What we do for ourselves dies with us. What we do for others and the world remains and is immortal.”

Without a doubt, Wayne State Police Officer Collin Rose’s legacy will live on in each of us in the community. A dedicated public servant, Officer Rose answered the call to duty and accepted the risk that so many police officers face when he put on his uniform every morning. He shared a commitment to something larger than himself and was dedicated to the law. A resident of St. Clair Shores and a native of Richland, Officer Rose was an influential leader in many communities across Michigan, but he worked in my district, the city of Detroit. He served with the Wayne State University Police Department for five and a half years, and if you’re a Wayne State police officer, you’re also a Detroit police officer. As a canine officer with the agency, he relentlessly worked to make sure students and teachers were kept safe, and often with no guarantee of a “thank you” or an acknowledgement of his service.

I am standing here today to say “thank you” because when most people run away from danger, he ran towards it. When most people run away from gunfire, he ran towards it. He, along with everybody who serves as a police officer, redefines what it is to be a hero because, usually, heroes are defined with someone who will lay down their life for their friends or for their loved ones. Collin Rose was willing to lay down his life for people he didn’t even know, because when Officer Rose was fatally wounded on November 23, he was fulfilling his commitment to uphold the rule of law. He deserves our respect and our gratitude. We need to honor his memory with actions and truth and rededicate ourselves to making Michigan a safer place to live, work, and raise a family, just as he did.

Scripture says, “Blessed are those who mourn, for they shall be comforted.” Officer Rose’s memory will live on in all of us, and the grateful students, faculty, and staff of Wayne State University. I know that those of us who live in Detroit will also forever be grateful for his service. I just want to say in conclusion a quote that I always use and I think it is very appropriate here: “Man should not aspire to stand on top of the world, but should stoop down and lift mankind higher.” That is what Collin Rose did for this state and for this nation.

Senator Brandenburg’s statement is as follows:

On November 23, a terrible tragedy has once again struck our community. Former St. Clair Shores resident and Wayne State University Police Canine Officer Collin Rose was brutally murdered in the line of duty while responding to a call for help. He was simply doing his job, showing up when called upon. It seems that all too often, we are burying our heroes in blue, the people who protect us the most. My deepest sympathy and condolences go out to Officer Rose’s family during this awfully tragic and most difficult time.

Senator O’Brien’s statement is as follows:

As you can see, one life can touch so many. We had a man who spent most of his life in Kalamazoo County, lived in the district of Senator Brandenburg, and worked in the district of Senator Young. We know that all across the state, people are mourning because he has touched so many people in so many places.

Sergeant Rose was the first Wayne State police officer to be killed in the line of duty. He was a five-year veteran of the police force and was a well-known canine officer. Sergeant Rose was engaged to be married to his fiancé Nikki next October, and he was one credit away from finishing his master’s degree in police administration from Wayne State University.

Sergeant Rose was born and raised in my community and he took his first job in law enforcement protecting the small village of Richland in Kalamazoo County. In high school, he was the football captain at Gull Lake High School where he graduated in 2006. While in high school, he took courses in criminal justice and interned at Richland’s police department, participating in patrols where he could and helping maintain computers for the seven-officer department. He was remembered by the Richland Police Chief as an exceptional man with a limitless future, an All-American student, and an employee who was intelligent and worked hard.

Sergeant Rose left Kalamazoo to attend Ferris State University to get his degree before coming back to the department. Within a year, he went to Wayne State University because he wanted to work in a bigger department.

Sergeant Rose was remembered for his optimism, and his selfless attitude. He always insisted on attending the funerals of other officers all around the state and country. He was a canine handler who also was extremely involved in the community. A couple months ago, Rose organized a memorial for slain Detroit Police Officer Patrick Hill who died of a gunshot wound he had suffered in the line of duty in 2013. Sergeant Rose named one of his canine dogs Wolverine after the police officer’s nickname. He also handled Clyde, the only narcotic-sniffing Rottweiler in the Great Lakes region, for the last three years.

The Wayne State University Police Department has awarded Sergeant Collin Rose the Citation of Valor, the highest award issued by the department, to honor the type of officer that he was. Only three others have received this award since the inception of the police department. Sergeant Collin Rose was also posthumously promoted to the rank of sergeant and head of the K-9 unit. Additionally, Wayne State University President Roy Wilson has announced the creation of a $25,000 scholarship in Sergeant Rose’s name.

As you can see, this tragedy is felt by all of us, Officer Rose’s family, friends, and coworkers. He leaves behind a family in mourning. He leaves his fiancé Nikki Salgot, his parents Randy and Karen Rose, his brother Curtis, and many more family members. It’s with a heavy heart that we will mourn him today at his funeral and tomorrow at a mass memorial in my community. Yesterday, there was a visitation at Ford Field attended by thousands.

A moment of silence was observed in memory of Wayne State University Police Officer Collin Rose.

Recess

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

The motion prevailed, the time being 10:28 a.m.

11:07 a.m.

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

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senate Bill No. 627, entitled

A bill to authorize certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes.

(This bill was defeated on November 29 and the motion to reconsider the vote postponed. See Senate Journal No. 71, p. 1816.)

The question being on the motion to reconsider the vote by which the bill was defeated,

The motion prevailed.

The question being on the passage of the bill,

Senator Hertel offered the following amendment:

1. Amend page 6, following line 9, by inserting:

“(4) A public authority shall hold a public hearing not less than every 5 years after the completion of an eligible project to conduct a public review of the eligible project.”.

The amendment was adopted, a majority of the members serving voting therefor.

Senator Hertel offered the following amendment:

1. Amend page 12, following line 5, by inserting:

“(7) Notwithstanding any other provision of this act, if any property of a public authority is leased, at the conclusion of the lease the property remains property of the public authority.”.

The amendment was adopted, a majority of the members serving voting therefor.

Senator Hertel offered the following amendment:

1. Amend page 14, following line 15, by inserting:

“(3) A public-private agreement may not prohibit a public authority from constructing, repairing, reconstructing, or expanding a facility that competes for user fees with the eligible facility developed under the public-private agreement.”.

The amendment was adopted, a majority of the members serving voting therefor.

Senator Hertel offered the following amendment:

1. Amend page 3, line 2, after the first “state” by striking out the balance of the subdivision and inserting a comma and “a state department, or a state agency.”.

The amendment was 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. 648 Yeas—30

Ananich Hopgood Marleau Schmidt

Booher Horn Meekhof Schuitmaker

Casperson Johnson Nofs Shirkey

Conyers Jones O’Brien Stamas

Gregory Knezek Pavlov Warren

Hansen Knollenberg Proos Young

Hertel Kowall Robertson Zorn

Hildenbrand MacGregor

Nays—6

Bieda Colbeck Hune Rocca

Brandenburg Emmons

Excused—2

Green Hood

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

House Bill No. 5542

House Bill No. 5543

House Bill No. 5544

House Bill No. 4814

Senate Bill No. 1047

Senate Bill No. 1117

House Bill No. 5128

Senate Bill No. 1097

Senate Bill No. 1098

Senate Bill No. 1099

Senate Bill No. 1100

Senate Bill No. 1055

Senate Bill No. 1056

Senate Bill No. 1109

Senate Bill No. 1175

Senate Bill No. 1176

House Bill No. 5504

The motion prevailed.

The following bill was read a third time:

House Bill No. 5542, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463.

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. 649 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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 title of the bill.

The following bill was read a third time:

House Bill No. 5543, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527.

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. 650 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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 revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5544, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329.

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. 651 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4814, entitled

A bill to provide for public electronic access to information through this state’s website; to require webpage posting of information about state departments, departmental subunits, and supervisors; to require standardized formats for displaying information, including functions, contact information, and organizational charts; and to provide for the powers and duties of certain state governmental officers and entities.

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. 652 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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 title of the bill.

The following bill was read a third time:

Senate Bill No. 1047, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a.

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. 653 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 1117, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 464 (MCL 280.464), as amended by 1989 PA 134.

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. 654 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 5128, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20.

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. 655 Yeas—35

Ananich Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen Knollenberg Robertson

Nays—1

Bieda

Excused—2

Green Hood

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 provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1097, entitled

A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 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. 656 Yeas—24

Booher Horn Marleau Robertson

Brandenburg Hune Meekhof Rocca

Colbeck Jones Nofs Schmidt

Emmons Knollenberg O’Brien Schuitmaker

Hansen Kowall Pavlov Shirkey

Hildenbrand MacGregor Proos Stamas

Nays—12

Ananich Conyers Hopgood Warren

Bieda Gregory Johnson Young

Casperson Hertel Knezek Zorn

Excused—2

Green Hood

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Protest

Senator Knezek, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 1097, 1098, 1099, and 1100 and moved that the statement he made during the discussion of Senate Bill No. 1097 be printed as his reasons for voting “no.”

The motion prevailed.

Senator Knezek’s statement is as follows:

As was mentioned by the Senator from the 29th District, there was a workgroup that was held this summer over a period of months that sought to bring about resolution to the problems that we’ve been experiencing in the Grand Rapids Home for Veterans. We have got two state homes for veterans in Michigan, one in Grand Rapids and one in Marquette. The one in Marquette is top of the line. The one in Grand Rapids, as we know, has been wrought with fraud and abuse. We’ve been treating our veterans like garbage, and in large part that’s because we’ve privatized the workers out there. So, you would think that this Legislature would respond to that inadequacy by not taking the same model that has failed our veterans in Grand Rapids and expand that model across five new veterans homes in the entire state of Michigan.

My colleague talked about the fact that we held a workgroup this summer and that this bill represented the findings of that workgroup. My friends, that is inaccurate. Three of the four legislators who sat on that workgroup this summer do not believe that these four bills correct the problems that we’re currently facing in our veterans homes today. Pick up the phone and call Representative McBroom, pick up the phone and call Representative Rutledge, or ask me. Three of the four of us who sat on this workgroup will tell you: these bills do not reflect the agreements that we came to this summer. These bills open the door for the privatization of not just a few workers, but all the workers in Grand Rapids, all of the workers in Marquette, and every single worker in every single veterans home that we will be opening under this act.

Make no mistake, we need additional veterans homes in this state. We have 100,000 veterans in Wayne County and nothing for them. I agree 100 percent with the need for creating this authority to go out and compete for financial dollars, federal dollars, to aid in their construction. All we had to do was take the authority that we used for the construction of the Mackinac Bridge and replicate it for the construction of veterans homes here in Michigan. We chose not to do that. We asked for meetings, we asked for phone calls, we asked for the opportunity to work across the chamber and across the aisle and we were denied.

I’m not sitting here trying to whine and cry about it, but my God. We can’t do anything in this chamber without making it partisan. Education issues, seniors, police, fire, we’re talking about veterans. We’re talking about giving veterans the quality of care that they deserve in this state and we can’t find it in our hearts to put aside the Democrat and the Republican and do the right thing. It makes me sick, and it should make every one of you sick as well because our constituents are watching at home and they want to know why we can’t put aside our differences and do the right thing for our veterans. I want these bills to pass with amendments. I want these bills to pass because we need our veterans to receive the care that they deserve, but these bills do not—they do not—reflect the agreements of our workgroup and these bills will not improve the quality of care for our veterans.

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

The motion prevailed.

Senator Hildenbrand’s statement is as follows:

I rise today, colleagues, to urge your support for Senate Bill Nos. 1097, 1098, 1099, and 1100. These bills will implement and establish a new state-of-the-art long-term healthcare system and facilities for our state’s veterans and their spouses.

As you all know, the state owns and operates two veterans homes, one in Marquette in the Upper Peninsula and the other in Grand Rapids. Combined, these facilities provide a wide range of housing and health care services from domiciliary to assisted living, nursing, medical, therapy, and end-of-life care for over 500 of our state’s veterans and their spouses.

It is no secret that many issues, mostly related to the Grand Rapids Home, have been brought to our attention regarding the quality of care for our veterans—from the Auditor General’s findings, staffing issues and challenges, financial needs, and many others.

In response to this, earlier this year the Governor called for a workgroup to study and make recommendations to address the long term care needs of our state’s veterans. I was honored to serve on this workgroup with a number of my legislative colleagues, other veterans, veterans’ advocates, and healthcare experts. The workgroup produced a set of recommendations which are represented in these four bills before you.

The original act that created the current oversight structure of the homes was enacted in 1885—yes, 1885. Some changes have been made over the years, but the statute, and consequently the structure of the homes, no longer works. It is an old model that no longer effectively serves the health care needs of our state’s veterans in an era where health care standards change almost on a day-to-day basis.

The bills before you are the result of many hours of the workgroup listening to feedback and researching models in other states. These bills, along with the necessary capital investments for new facilities and to improve and maintain our existing veterans homes while these new homes are constructed, will produce a high quality health care system for our veterans that we can all be proud of.

I ask my colleagues to support these very important bills that will modernize and improve the long-term care for our state’s veterans.

The following bill was read a third time:

Senate Bill No. 1098, entitled

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. 657 Yeas—24

Booher Horn Marleau Robertson

Brandenburg Hune Meekhof Rocca

Colbeck Jones Nofs Schmidt

Emmons Knollenberg O’Brien Schuitmaker

Hansen Kowall Pavlov Shirkey

Hildenbrand MacGregor Proos Stamas

Nays—12

Ananich Conyers Hopgood Warren

Bieda Gregory Johnson Young

Casperson Hertel Knezek Zorn

Excused—2

Green Hood

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. 1099, entitled

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. 658 Yeas—24

Booher Horn Marleau Robertson

Brandenburg Hune Meekhof Rocca

Colbeck Jones Nofs Schmidt

Emmons Knollenberg O’Brien Schuitmaker

Hansen Kowall Pavlov Shirkey

Hildenbrand MacGregor Proos Stamas

Nays—12

Ananich Conyers Hopgood Warren

Bieda Gregory Johnson Young

Casperson Hertel Knezek Zorn

Excused—2

Green Hood

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. 1100, entitled

A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for 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. 659 Yeas—24

Booher Horn Marleau Robertson

Brandenburg Hune Meekhof Rocca

Colbeck Jones Nofs Schmidt

Emmons Knollenberg O’Brien Schuitmaker

Hansen Kowall Pavlov Shirkey

Hildenbrand MacGregor Proos Stamas

Nays—12

Ananich Conyers Hopgood Warren

Bieda Gregory Johnson Young

Casperson Hertel Knezek Zorn

Excused—2

Green Hood

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. 1055, entitled

A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101).

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. 660 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 1056, entitled

A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004).

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. 661 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 1109, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52.

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. 662 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 1175, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 663 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 1176, 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 2016 PA 126.

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. 664 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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. 5504, entitled

A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44.

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. 665 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

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 define and regulate fraudulent transfers and conveyances; to set aside and modify certain transfers and conveyances; to make uniform the law of fraudulent transfers; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

Senator Kowall moved to reconsider the vote by which the following bill was passed:

Senate Bill No. 627, entitled

The motion prevailed, 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. 666 Yeas—28

Ananich Hildenbrand Kowall Robertson

Booher Hopgood MacGregor Schmidt

Casperson Horn Marleau Schuitmaker

Conyers Johnson Meekhof Stamas

Gregory Jones Nofs Warren

Hansen Knezek O’Brien Young

Hertel Knollenberg Proos Zorn

Nays—8

Bieda Colbeck Hune Rocca

Brandenburg Emmons Pavlov Shirkey

Excused—2

Green Hood

Not Voting—0

In The Chair: Schuitmaker

Recess

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

The motion prevailed, the time being 11:55 a.m.

12:07 p.m.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 392

House Bill No. 4637

House Bill No. 4639

House Bill No. 4640

House Bill No. 4641

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

The following communication was received and read:

Office of Senator Steven M. Bieda

November 29, 2016

Per Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 1180 which was introduced on November 29, 2016, by Senator John Proos and is currently in the Senate Judiciary Committee.

Sincerely,

Steve Bieda

State Senator

9th District

The communication was referred to the Secretary for record.

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 Horn 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 with a substitute therefor, the following bill:

Senate Bill No. 392, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 1, 3, 4, 5, 7, 9, 15, 16, 17, 23, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.101, 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.123, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 23, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding sections 10 and 38; and to repeal acts and parts of acts.

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. 4637, entitled

A bill to register persons and vehicles providing commercial passenger services using certain small motor vehicles; to provide for the powers and duties of certain state and local governmental officers and entities; to impose certain fees; and to prescribe penalties and provide remedies.

Substitute (S-4).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 10, following line 4, by inserting:

“(11) Beginning 3 years after the effective date of this act, the department shall cease to impose the fees provided for in this section.”.

2. Amend page 17, line 2, after “16.” by striking out the balance of the line through “fees.” on line 17 and inserting “An airport may enact ordinances and regulations governing a limousine carrier, taxicab carrier, or transportation network company that adopt reasonable procedures and fees for operations conducted by that limousine carrier, taxicab carrier, or transportation network company on airport property. An ordinance or regulation described in this section shall be consistent with industry standards, shall not impose requirements that have the effect of unreasonably impeding service, and shall not duplicate or contradict the requirements of this act.”.

The Senate agreed to the substitute as amended 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. 4639, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3009, 3037, 3101, and 3113 (MCL 500.3009, 500.3037, 500.3101, and 500.3113), section 3009 as amended by 1988 PA 43, section 3037 as amended by 1980 PA 461, section 3101 as amended by 2014 PA 492, and section 3113 as amended by 2014 PA 489, and by adding section 3017.

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. 4640, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 26, by striking out all of subdivision (G) and inserting:

“(G) A TRANSPORTATION NETWORK COMPANY VEHICLE.”.

2. Amend page 4, line 7, by striking out all of subsection (7) and inserting:

“(7) AS USED IN THIS SECTION:

(A) “PERSONAL VEHICLE”, “PREARRANGED RIDE”, AND “TRANSPORTATION NETWORK COMPANY DIGITAL NETWORK” MEAN THOSE TERMS AS DEFINED IN SECTION 2 OF THE LIMOUSINE, TAXICAB, AND TRANSPORTATION NETWORK COMPANY ACT.

(B) “TRANSPORTATION NETWORK COMPANY VEHICLE” MEANS A PERSONAL VEHICLE WHILE THE DRIVER IS LOGGED ON TO THE TRANSPORTATION NETWORK COMPANY DIGITAL NETWORK OR WHILE THE DRIVER IS ENGAGED IN A PREARRANGED RIDE.”.

The Senate agreed to the substitute as amended 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. 4641, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as amended by 2002 PA 534, and by adding sections 12c, 40c, 43b, 76a, 76b, 76c, and 518a.

Substitute (S-4).

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 rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 392

House Bill No. 4637

House Bill No. 4639

House Bill No. 4640

House Bill No. 4641

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

The following bill was read a third time:

Senate Bill No. 392, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 3, 4, 5, 7, 9, 15, 16, 17, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding section 10; and to repeal acts and parts of acts.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 667 Yeas—34

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune O’Brien Stamas

Conyers Johnson Pavlov Warren

Emmons Jones Proos Young

Gregory Knezek

Nays—2

Nofs Zorn

Excused—2

Green Hood

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. 4637, entitled

A bill to regulate transportation network companies, taxicabs, and certain limousines in this state; to provide for the powers and duties of certain state officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Young offered the following amendment:

1. Amend page 16, line 19, after “45.” by inserting “This subsection does not apply to a city with a population over 600,000.”.

The amendment was not adopted, a majority of the members serving not 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. 668 Yeas—31

Ananich Gregory Knezek Proos

Bieda Hansen Knollenberg Robertson

Booher Hertel Kowall Rocca

Brandenburg Hildenbrand MacGregor Schmidt

Casperson Hopgood Marleau Schuitmaker

Colbeck Horn Meekhof Shirkey

Conyers Hune O’Brien Stamas

Emmons Jones Pavlov

Nays—4

Nofs Warren Young Zorn

Excused—2

Green Hood

Not Voting—1

Johnson

In The Chair: Schuitmaker

The Assistant President pro tempore, Senator O’Brien, assumed the Chair.

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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4639, entitled

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. 669 Yeas—33

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hopgood MacGregor Schmidt

Casperson Horn Marleau Schuitmaker

Colbeck Hune Meekhof Shirkey

Conyers Johnson O’Brien Stamas

Emmons Jones Pavlov Young

Gregory

Nays—3

Nofs Warren Zorn

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4640, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 670 Yeas—33

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hopgood MacGregor Schmidt

Casperson Horn Marleau Schuitmaker

Colbeck Hune Meekhof Shirkey

Conyers Johnson O’Brien Stamas

Emmons Jones Pavlov Young

Gregory

Nays—3

Nofs Warren Zorn

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4641, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as amended by 2002 PA 534, and by adding sections 12c, 25c, 25d, 40c, 67c, 67d, 76a, 76b, 76c, 76d, and 518b.

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. 671 Yeas—33

Ananich Hansen Knezek Proos

Bieda Hertel Knollenberg Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hopgood MacGregor Schmidt

Casperson Horn Marleau Schuitmaker

Colbeck Hune Meekhof Shirkey

Conyers Johnson O’Brien Stamas

Emmons Jones Pavlov Young

Gregory

Nays—3

Nofs Warren Zorn

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

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

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

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

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

Recess

Senator Kowall moved that the Senate recess until 1:45 p.m.

The motion prevailed, the time being 12:34 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien.

Recess

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

The motion prevailed, the time being 1:46 p.m.

2:20 p.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 1093

Senate Bill No. 1172

Senate Bill No. 339

Senate Bill No. 658

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

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, Lieutenant Governor Calley, designated Senator Horn as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 1093, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537.

The bill 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. 1172, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161.

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. 339, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending the title and sections 2 and 9 (MCL 287.332 and 287.339), the title and section 9 as amended by 1997 PA 7, and by adding section 11; and to repeal acts and parts of acts.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 3, line 23, after “MEMBERS” by inserting a comma and “WHO SHALL BE RESIDENTS OF THIS STATE,”.

2. Amend page 3, line 26, after “(A)” by striking out “TWO” and inserting “THREE”.

3. Amend page 4, following line 14, by inserting:

“(F) AN INDIVIDUAL WHO IS A BREEDER SPECIALIZING IN BREEDS OF DOGS SPECIFIC TO HUNTING.

(G) AN INDIVIDUAL REPRESENTING A STATEWIDE HUNTING ORGANIZATION.” and relettering the remaining subdivisions.

4. Amend page 4, line 16, after “(G)” by striking out “THREE” and inserting “TWO”.

5. Amend page 6, line 13, after “BREEDERS” by inserting “AND SHALL SUBMIT A COPY OF THE RECOMMENDATIONS TO THE CHAIRS OF THE SENATE AND HOUSE STANDING COMMITTEES ON AGRICULTURE”.

The Senate agreed to the substitute as amended 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. 658, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.

Substitute (S-4).

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

Senate Bill No. 1093

Senate Bill No. 1172

Senate Bill No. 339

Senate Bill No. 658

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

The following bill was read a third time:

Senate Bill No. 1093, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537.

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. 672 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1172, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161.

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. 673 Yeas—30

Ananich Hildenbrand MacGregor Robertson

Bieda Hopgood Marleau Schmidt

Booher Horn Meekhof Shirkey

Casperson Johnson Nofs Stamas

Conyers Jones O’Brien Warren

Gregory Knezek Pavlov Young

Hansen Knollenberg Proos Zorn

Hertel Kowall

Nays—6

Brandenburg Emmons Rocca Schuitmaker

Colbeck Hune

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 339, entitled

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. 674 Yeas—36

Ananich Hansen Knollenberg Robertson

Bieda Hertel Kowall Rocca

Booher Hildenbrand MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Conyers Johnson O’Brien Warren

Emmons Jones Pavlov Young

Gregory Knezek Proos Zorn

Nays—0

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 658, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.

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. 675 Yeas—22

Booher Hildenbrand Meekhof Schmidt

Brandenburg Horn Nofs Schuitmaker

Casperson Hune O’Brien Shirkey

Colbeck Jones Pavlov Stamas

Emmons MacGregor Proos Zorn

Hansen Marleau

Nays—14

Ananich Hertel Knollenberg Rocca

Bieda Hopgood Kowall Warren

Conyers Johnson Robertson Young

Gregory Knezek

Excused—2

Green Hood

Not Voting—0

In The Chair: O’Brien

The Senate agreed to the title of the bill.

Protest

Senator Robertson, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 658 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Robertson’s statement is as follows:

Regrettably, I will be voting “no” on this legislation, based solely on concerns expressed by some constituents in my district—a small mom-and-pop operation that has animal attractions and they have expressed some concern. I see nothing hugely objectionable about the bill, but they want to continue working on the bill as it goes forward in this very busy lame duck session. I literally just got off the phone with them just a moment ago. I look forward to working with the sponsor and the chair of the committee on further action to amend the bill to their satisfaction.

By unanimous consent the Senate returned to the order of

Messages from the Governor

The following message from the Governor was received on November 30, 2016, and read:

EXECUTIVE ORDER

No. 2016-23

Michigan Strategic Fund

Michigan State Housing Development Authority

State Land Bank Fast Track Authority

Department of Talent and Economic Development

Amendment to Executive Order 2014-12

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and

WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and

WHEREAS, the strategic alignment of skilled talent and resources used for the administration of state and federal programs is critical to the effective and efficient administration of state government; and

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. “Community Development Block Grant Program” or “CDBG Program” means the Michigan Strategic Fund Program created under Title I of the Housing and Community Development Act of 1974, 42 USC. 5301, 24 CFR 570.

B. “Department of Talent and Economic Development” or “Department” means the principal department of state government created under Section II of Executive Order 2014-12, MCL 125.1995.

C. “Michigan Economic Development Corporation” means the public body corporate created under the Urban Cooperation Act of 1967, 1967 (Ex Session) PA 7, MCL 124.501 to 124.512, by a constitutional interlocal agreement effective April 5, 1999, as amended, between the Michigan Strategic Fund and local participating economic development corporations formed under the Economic Development Corporations Act, 1974 PA 338, MCL 125.1601 to 125.1636.

D. “Michigan Main Street Program” means the Michigan Strategic Fund program affiliated with the National Main Street Center, a division of the National Trust for Historic Preservation, a privately funded nonprofit organization created by the National Historic Preservation Act of 1966, as amended, 16 USC 470 et seq.

E. “Michigan State Housing Development Authority” or “Authority” means the public body corporate and politic created under Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421.

F. “Michigan Strategic Fund” means the public body corporate and politic created under Section 5 of 1984 PA 270, MCL 125.2005.

G. “Programs” means, collectively, the Community Development Block Grant Program and the Michigan Main Street Program.

H. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321.

I. “State Land Bank Fast Track Authority” means the public body corporate and politic created under Section 15 of the Land Bank Fast Track Act , 2003 PA 258, MCL 124.765.

II. TRANSFER OF PROGRAMS’ ADMINISTRATION

A. The portion of the administration of the Community Development Block Grant Program and the Michigan Main Street Program performed by the Authority is transferred from the Authority to the Michigan Strategic Fund. As mutually agreed upon by the Michigan State Housing Development Authority and the Michigan Strategic Fund, the transfer includes the Authority personnel who assist with the administration of the Programs and includes the Programs’ records, property, and allocations or other funds, if any. Except as transferred by this section, the Authority shall retain all of its statutory authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, and the Authority shall also retain control of all monies and funds, including but not limited to, grants, bonds, notes, reserves, and trust funds, subject to any agreements of the Authority with note and bond holders.

B. The transfer of the portion of the Authority’s personnel who administer the CDBG Program and the Michigan Main Street Program is subject to any agreement executed prior to the issuance of this Order with the Authority’s note holders, bond holders, or issuers of instruments that are guaranteed.

C. Nothing in this Order shall be construed to affect the status of monies of the Authority. Monies of the Authority are not monies either of this state or the Department, and shall continue to be non-state funds. State funds appropriated to the Authority lose their identity as state funds upon payment to the Authority and become public funds of the Authority under its control. Funds established by or within the Authority are public trust funds administered by the Authority.

D. Nothing in this Order shall be construed to impair the obligations of any bond issued by or on behalf of the Authority. Bonds and notes issued by or on behalf of the Authority are obligations of the Authority and not obligations of either this state or the Department. Nothing in this Order shall be construed to alter the status of the Authority as a public body corporate and politic.

E. All rules, orders, contracts, and agreements lawfully adopted or entered into before the effective date of this Order by the Michigan State Housing Development Authority shall continue to be effective until revised, amended, or rescinded.

F. The President of the Michigan Strategic Fund and the Executive Director of the Authority shall provide executive direction and supervision for the implementation of the transfers under this Section II.

G. The Authority shall exercise its prescribed statutory powers, duties, and functions, including the functions of adjudication, rule-making, licensing, and registration, including any prescription of rules, rates, regulations, and standards, independently of the Director of the Department. The budgeting, procurement, and related management functions of the Authority shall be performed under the direction and supervision of the Director of the Department. When directing and supervising the budgeting, procurement, and related management functions of the Authority, the Director shall remain cognizant of the rights of the holders of Authority bonds or notes. Certain Authority bond or note contracts may require the Authority to either maintain sufficient personnel or contract for services to plan Authority programs and to supervise enforcement and, where necessary, foreclosure of Authority mortgage agreements. None of the transfers in this Order shall affect the Authority’s ability to maintain sufficient personnel or contract for services to plan Authority programs and to supervise enforcement and, when necessary, foreclosure of Authority mortgage agreements.

III. TRANSFER OF STATE LAND BANK FAST TRACK AUTHORITY

A. The Board of Directors of the State Land Bank Fast Track Authority, established by MCL 124.767, but abolished by Executive Order No. 2014-8, is reestablished. The Board of Directors shall consist of the following:

• The Director of the Department of Talent and Economic Development or his or her designee from within the Depart- ment of Talent and Economic Development;

• The State Treasurer or his or her designee from within the Department of Treasury;

• The Director of the Department of Transportation or his or her designee from within the Department of Transportation;

• The Director of the Department of Environmental Quality or his or her designee from the Department of Environmental Quality; and

• The Director of the Department of Technology, Management and Budget or his or her designee from within the Depart- ment of Technology, Management and Budget.

B. Any and all authority, powers, duties, responsibilities, and functions vested in the Board of Directors of the State Land Bank Fast Track Authority, originally established by MCL 124.766, but previously transferred to the Executive Director of the Authority in Section II of Executive Order 2014-8, and transferred to the Director of the Department in Section VII of Executive Order 2014-12, are transferred to the Board of Directors established under Section III.A of this Order. The Board of Directors shall exercise the powers, duties, and functions of the State Land Bank Fast Track Authority as provided by this Order and the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 et seq.

IV. AMENDMENT TO EXECUTIVE ORDER 2014-12

A. Section V.A. of Executive Order 2014-12 is amended to remove from the Michigan Strategic Fund Board of Directors, the Director of the Department of Licensing and Regulatory Affairs, or his or her designee from within the Department of Licensing and Regulatory Affairs. The Board of Directors of the Michigan Strategic Fund established by Section V.A. of Executive Order 2014-12 shall consist of the following members:

• The Chief Executive Officer of the Michigan Economic Development Corporation or his or her designee from within the Michigan Economic Development Corporation;

• The State Treasurer or his or her designee from within the Department of Treasury;

• A person in the position of Vice President or higher at either the Michigan Economic Development Corporation or the Department of Talent and Economic Development, appointed by the Governor; and

• Eight (8) residents of the state appointed by the Governor in accordance with the terms and conditions of Executive Order 2014-12.

B. Except as modified by this Order, a member of the Board of Directors appointed and serving as of the effective date of this Order shall continue under this Order as a member of the Board of Directors.

C. All other provisions of Executive Order 2014-12 not specifically amended by this Order shall remain unchanged.

V. IMPLEMENTATION

A. Subject to the requirements of Section II of this Order, the State Budget Director shall determine, and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order.

B. All rules, orders, contracts, plans, memoranda, and agreements relating to the change in the organization of the executive branch or the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency or instrumentality shall continue to be effective until revised, amended, or rescinded.

C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

D. The Executive Director of the Authority and the President of the Michigan Strategic Fund shall immediately initiate coordination to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues, or compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order shall be effective 60 calendar days after the beginning of the next regular legislative session after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 30th day of November, in the Year of our Lord Two Thousand Sixteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received and read:

November 29, 2016

I respectfully submit to the Senate the following appointment to office:

Michigan State Housing Development Authority

Roger A. Curtis of 8528 Slee Road, Onsted, Michigan 49265, county of Lenawee, succeeding Steve Arwood, is appointed for a term commencing December 2, 2016, and expiring at the pleasure of the Governor.

Sincerely,

Rick Snyder

Governor

The appointment was referred to the Committee on Government Operations.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that the Committee on Transportation be discharged from further consideration of the following bills:

House Bill No. 4874, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 9a.

Senate Bill No. 852, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319, 682, and 907 (MCL 257.319, 257.682, and 257.907), section 319 as amended by 2015 PA 11, section 682 as amended by 2012 PA 263, and section 907 as amended by 2015 PA 126.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Horn offered the following resolution:

Senate Resolution No. 221.

A resolution to declare December 2016 as Identity Theft Awareness Month.

Whereas, Identity theft is a serious crime, one that impacts people from all walks of life and in all our communities; and

Whereas, The crime of identity theft is multifaceted and criminals often gain access to personal records through mail theft, internet fraud, lost or stolen personal items, burglary, phone scams, eavesdropping, unethical use of public documents, and stolen medical records, as well as many other unscrupulous measures; and

Whereas, Victims of identity theft often spend years rectifying their credit and recovering their identity; and

Whereas, The awareness of identity theft crimes has led to increased consumer protection; and

Whereas, Having a strong financial literacy will help consumers protect themselves from thieves wishing to gain access to personal and financial documents; and

Whereas, Having applicable laws and enforcement to seek and prosecute identity theft criminals is imperative to ensuring the safety of one’s identity. Efficient coordination of judicial and law enforcement units is essential to tracking identity theft criminals; and

Whereas, It is critical to require those offering extensions of credit to consumers do so in a responsible, fraud-proof manner; and

Whereas, This declaration promotes the awareness of identity theft and encourages citizens and government to institute protective measures to ensure the safety and privacy of one’s identity; now, therefore, be it

Resolved by the Senate, That the members of this legislative body proclaim December 2016 as Identity Theft Awareness Month. We encourage all citizens to support the efforts and join in by taking measures to promote the safety and security of their identity.

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

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Bieda, Booher, Brandenburg, Conyers, Hansen, Knollenberg, MacGregor, Proos and Schmidt were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senator Casperson introduced

Senate Bill No. 1187, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12.

The bill was read a first and second time by title.

Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5033, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by repealing section 3g (MCL 8.3g).

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. 5282, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 16, 17, and 19 (MCL 691.1416, 691.1417, and 691.1419), as added by 2001 PA 222.

The House of Representatives has passed the bill.

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

House Bill No. 5533, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 9701, 16221, 16226, 17001, 17021, 17048, 17049, 17050, 17060, 17074, 17076, 17078, 17501, 17521, 17548, 17549, 17550, 17708, 17745, 17745a, 17745b, 18001, 18021, 18048, 18049, 18050, and 20201 (MCL 333.7303a, 333.9701, 333.16221, 333.16226, 333.17001, 333.17021, 333.17048, 333.17049, 333.17050, 333.17060, 333.17074, 333.17076, 333.17078, 333.17501, 333.17521, 333.17548, 333.17549, 333.17550, 333.17708, 333.17745, 333.17745a, 333.17745b, 333.18001, 333.18021, 333.18048, 333.18049, 333.18050, and 333.20201), section 7303a as added by 1993 PA 305, section 9701 as added by 2004 PA 250, section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, sections 17001, 17074, 17501, and 18001 as amended and section 18050 as added by 2006 PA 161, section 17021 as amended by 1993 PA 79, sections 17048 and 17548 as amended by 2012 PA 618, sections 17049, 17076, 17078, 17549, 18048, 18049, and 20201 as amended by 2011 PA 210, sections 17050 and 17550 as amended by 1990 PA 247, section 17060 as amended by 2014 PA 343, section 17521 as amended by 2006 PA 582, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 2006 PA 391, and by adding sections 17047, 17547, 18047, 18051, and 20174; and to repeal acts and parts of acts.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5702, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2014 PA 407.

The House of Representatives has passed the bill.

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

House Bill No. 5720, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233.

The House of Representatives has passed the bill.

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

House Bill No. 5774, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending the title and sections 3, 4, 10, 11, and 20 (MCL 400.703, 400.704, 400.710, 400.711, and 400.720), the title as amended by 1992 PA 176, sections 3 and 10 as amended by 2014 PA 450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as amended by 2006 PA 201, and by adding section 22b.

The House of Representatives has passed the bill.

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

House Bill No. 5782, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497.

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. 5806, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2015 PA 219.

The House of Representatives has passed the bill.

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

House Bill No. 5824, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665.

The House of Representatives has passed the bill.

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

House Bill No. 5825, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666.

The House of Representatives has passed the bill.

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

House Bill No. 5877, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17703, and 17707 (MCL 333.17702, 333.17703, and 333.17707), section 17702 as amended by 2014 PA 280 and sections 17703 and 17707 as amended by 2014 PA 285, and by adding section 17760.

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.

Committee Reports

The Committee on Outdoor Recreation and Tourism reported

House Bill No. 5484, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65.

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.

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Zorn and Schmidt

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Outdoor Recreation and Tourism submitted the following:

Meeting held on Wednesday, November 30, 2016, at 1:00 p.m., Room 110, Farnum Building

Present: Senators Hansen (C), Zorn and Schmidt Absent: None

Excused: Senators Green and Johnson

The Committee on Natural Resources reported

Senate Bill No. 1093, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Robertson and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources reported

House Bill No. 5599, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov and Robertson

Nays: Senator Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources submitted the following:

Meeting held on Wednesday, November 30, 2016, at 1:00 p.m., Room 210, Farnum Building

Present: Senators Casperson (C), Pavlov, Robertson and Warren

Excused: Senator Stamas

The Committee on Regulatory Reform reported

Senate Bill No. 392, entitled

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.

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Johnson

Nays: None

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

The Committee on Regulatory Reform reported

Senate Bill No. 1011, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor and Hune

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 1012, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175.

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.

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor and Hune

Nays: None

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

The Committee on Regulatory Reform reported

Senate Bill No. 1054, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 33, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183.

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.

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Kowall, Hune and Johnson

Nays: None

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

The Committee on Regulatory Reform reported

House Bill No. 4185, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2002 PA 642.

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.

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Kowall, Hune and Johnson

Nays: None

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

The Committee on Regulatory Reform reported

House Bill No. 4637, entitled

A bill to regulate transportation network companies in this state; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and provide remedies.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Hertel and Johnson

Nays: Senator Warren

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

The Committee on Regulatory Reform reported

House Bill No. 4639, entitled

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

Nays: None

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

The Committee on Regulatory Reform reported

House Bill No. 4640, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

Nays: None

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

The Committee on Regulatory Reform reported

House Bill No. 4641, entitled

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Hertel and Johnson

Nays: Senator Warren

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

The Committee on Regulatory Reform reported

House Bill No. 5102, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 3a (MCL 125.1503a), as amended by 2006 PA 192.

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.

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Kowall, MacGregor, Hune and Johnson

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Wednesday, November 30, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson

The Committee on Michigan Competitiveness reported

Senate Bill No. 1172, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161.

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.

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Michigan Competitiveness submitted the following:

Meeting held on Wednesday, November 30, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren

The Committee on Appropriations reported

Senate Bill No. 102, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 5, 81d, and 132 (MCL 38.1305, 38.1381d, and 38.1432), section 5 as amended and section 81d as added by 2012 PA 300 and section 132 as added by 2010 PA 75, and by adding section 133.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Booher, Shirkey, Proos, Green and Marleau

Nays: Senators Hansen, Knollenberg, Nofs, Gregory, Hopgood, Hertel, Knezek and Young

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

The Committee on Appropriations reported

Senate Bill No. 1177, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 147 (MCL 388.1747), as amended by 2016 PA 249.

With the recommendation that the bill pass.

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Booher, Shirkey, Proos, Green and Marleau

Nays: Senators Hansen, Knollenberg, Nofs, Gregory, Hopgood, Hertel, Knezek and Young

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No. 1178, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 20m (MCL 38.1140m), as amended by 2014 PA 185.

With the recommendation that the bill pass.

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Booher, Shirkey, Proos, Green and Marleau

Nays: Senators Hansen, Knollenberg, Nofs, Gregory, Hopgood, Hertel, Knezek and Young

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, November 30, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

The Committee on Agriculture reported

Senate Bill No. 339, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding section 9c.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Schmidt, Booher and Ananich

Nays: None

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

The Committee on Agriculture reported

Senate Bill No. 658, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Schmidt and Booher

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, December 1, 2016, at 8:30 a.m., Room 110, Farnum Building

Present: Senators Hune (C), Schmidt, Booher and Ananich

Excused: Senator Green

COMMITTEE ATTENDANCE REPORT

The Committee on Oversight submitted the following:

Meeting held on Thursday, December 1, 2016, at 8:30 a.m., Room 100, Farnum Building

Present: Senators MacGregor (C), Kowall, Stamas and Schuitmaker

Excused: Senator Gregory

Scheduled Meetings

Criminal Justice Policy Commission - Wednesday, December 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323)

Education - Tuesday, December 6, 12:00 noon, Room 110, Farnum Building (373-5314)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 2:43 p.m.

The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, December 6, 2016, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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