No. 3
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Wednesday, January 18, 2017.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—excused O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—excused Hune—present Robertson—present
Casperson—present Johnson—excused 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—excused
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Jonathan Heierman of Calvary Lutheran Church of Clarkston offered the following invocation:
Gracious and compassionate God, in the midst of our busy lives we humbly pause before You now as we begin this legislative day; to thank You for this new day and all that it holds for us and for the people we serve. May we never forget that all that we are and all that we have is a gift and sacred trust from You, and that we are called to be stewards of these gifts for the sake of the people and the world You made and love.
We ask, dear God, that wisdom and courage, compassion and humility, guide our work and our lives of service for the diverse communities and people of Michigan. Remind us that our common humanity is bigger and deeper than the things that would divide us, and that the diversity of experiences and views are a gift and a call to greater cooperation and civility. We do pray this week for peaceful transition of power in Washington, for the diverse voices of all to be heard and respected, and for healing of any divisions that might exist. Grant us vision and skill that justice, peace, equity and prosperity may increase because of what we do today and how we do it.
Give us a special heart for those who are suffering injustice or who are in need of any kind for the basics of life, and may we protect the rights and dignity of all people. We give to You today our anxieties and concerns, our joys and hopes, our dreams and our lives of service that all may work together for good.
Remind us that we are blessed to be a blessing to others, and in our work we are better together. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Ananich, Casperson, Nofs and Robertson entered the Senate Chamber.
Senator Gregory moved that Senators Johnson, Young and Hood be excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senators Brandenburg and Green be excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof and Proos admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Meekhof’s statement is as follows:
As our challenge is working through constituent items, we often have staff members that are granted great opportunities as they leave our employment and go work for other folks, and that is true of Bob DeVries. If you look back here, look how cute this all is. Bob’s family is here, and Bob is part of my family as all of his family is part of my family. He’s been with me since I ran my first campaign.
I’m rising today to recognize my chief of staff, Bob DeVries, and he’s more than chief of staff. Many of you have come to know Bob over the past few years and know how much I rely on Bob. He’s been my lead staff person since I first started in the House. Over the course of the last decade, Bob has been my right-hand man while I served in the House, as Majority Floor Leader, and in my current role as Majority Leader.
Bob is a graduate of Grand Valley and received his juris doctorate from Thomas M. Cooley Law School in 2012. He’s a member of the State Bar and regularly draws on his legal background to assist me in his duties as we try to move legislation. In his current role as chief of staff, Bob oversees the day-to-day operations of the Senate. He serves as chief strategist, lead administrative officer, director of senior staff, and he often writes the stuff that I have in the bubble in my head that I shouldn’t say. Bob oversees the budget of the Senate and is head of all Senate personnel. He is the lead person in discussions with staff leadership, House leadership, and the Governor’s office. His daily responsibilities keep him burning the midnight oil.
Bob is intelligent, there’s no doubt about that, assertive and deliberative, and he’s also known to crack a joke and is always willing to listen and provide counsel. Through his time in the Senate, Bob has been focused on supporting me and this caucus to achieve our legislative goals. I know many of you in this chamber have staff that have become part of your family, and for me, that person is Bob. He is my family. I will miss his counsel and support on a daily basis.
Here today to help me recognize Bob is his wife Jackie; their three daughters, Abby, Betsy, and Maggie; and I think its Robert III also in there. Please join me in recognizing Bob for all his hard work and let’s wish him well as he moves on to his great new opportunity outside of the Senate.
The Assistant President pro tempore, Senator O’Brien, assumed the Chair.
Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Proos’ statement is as follows:
It is a great honor today to spend a few moments of the Senate’s time, as the people of the state of Michigan should stop and say “thank you” to those who have served our nation. We do that today in taking a bit of time to do just exactly that. I am joined by General Stone, I’m glad that he is able to join us in honoring a veteran of our Armed Services who hasn’t served in just one war, not two wars but, in fact, three wars in our Armed Forces.
The story begins with, as most of us in the Legislature know, we receive e-mails and text messages from folks all across our districts. The Reverend David Haase suggested, “John, did you know that in our midst and in my congregation exists this unbelievable veteran?” Regarding Mr. Arthur Hawkins in his service to our nation, Reverend Haase said, “John, what do we do in the Michigan Senate to say ‘thank you’?” I said, “We will find a way to say ‘thank you’.” As you heard earlier, the Majority Floor Leader suggested that we honor some veterans who are with us today in the Gallery. We honor them and today we honor Arthur Hawkins of Riverside, Michigan. I will read a portion of the Tribute that gives some background as to why we stop and pause today:
“A veteran of three wars, Art was first assigned to 19th Bombardment Group, 30th Bombardment Squadron, which was the most decorated Bombardment Group in the World War II. As a part of this group, Art served in one of the oldest organizations in the United States Air Force with a long and proud history of service to our nation, a tradition of which Art was able to further enhance. He fought in the Western Pacific Air Offensive against Japan, and for his efforts in the war, Art received the American Theater Ribbon, Asiatic-Pacific Theater Ribbon with two Battle Stars, the Good Conduct Medal and the Victory Medal for World War II.
Following World War II, Art served as a Staff Sergeant in the Korean War. Through his bravery and valor, Art was able to earn further accommodations including the Good Conduct Medal and Air Force Longevity Service Award. Remarkably, Art finished his service to the United States Air Force in 1967 after serving in Vietnam. After serving in the United States Air Force for an astounding 34 years, Art also added the National Defense Service Medal with one Bronze Star, the Air Force Longevity Service Award Ribbon with Four Oak Leaf Clusters and the Distinguished Presidential Unit Citation with one Oak Leaf Cluster. To be sure, we are truly grateful for his bravery, courage and willingness to risk his own life in order to protect the liberty and freedom of so many others. Indeed, his noble actions serve as an incredible example that we can all take great pride in.”
We are joined today by members of his family who have benefited from his service just as all of us have. His wife, Fannie joins us, the Reverend David Haase, Melissa Becker and Joseph Becker, Jr., Theresa Becker, and young Leah Becker joins us as a 3rd grader. In total nine grandchildren and 13 great-grandchildren. He asked us to provide special prayers today for his son-in-law Jeff Lodge who is having hip surgery.
Men and women of the Senate, staff, and guests in the Gallery, we are indeed honored to have such an unbelievable individual who without question would have never asked for this honor to be presented before the Michigan Senate. He is far too humble for that. He would be the first to tell you that he represents so many other men and women who have given so much to our nation, and so much to the liberty and freedom that we all have in our great nation. While he didn’t ask for this, please join me in presenting a flag flown over the Michigan Capitol and a Special Tribute in honor of his great service to our nation.
Thank you Arthur Hawkins. God Bless and may God Bless America.
Resolutions
Senator Meekhof offered the following resolution:
Senate Resolution No. 3.
A resolution to amend the Standing Rules of the Senate.
Resolved by the Senate, That Rule 2.103 of the Standing Rules of the Senate be hereby amended to read as follows:
“2.103 STANDING COMMITTEES
The standing committees of the Senate shall be:
Agriculture (5 members)
Appropriations (17 members)
Banking and Financial Institutions (8 members)
Commerce (5 members)
Economic Development and International Investment (7 9 members)
Education (5 members)
Elections and Government Reform (5 members)
Energy and Technology (10 members)
Families, Seniors and Human Services (5 members)
Finance (7 members)
Government Operations (5 members)
Health Policy (10 members)
Insurance (10 members)
Judiciary (5 members)
Local Government (5 members)
Michigan Competitiveness (5 members)
Natural Resources (5 members)
Outdoor Recreation and Tourism (5 members)
Oversight (5 members)
Regulatory Reform (9 members)
Transportation (5 members)
Veterans, Military Affairs and Homeland Security (5 members)
Statutory standing committees:
Administrative Rules (5 members) (see MCL 24.235)
Legislative Council (6 members and 3 alternates) (see MCL 4.1103)
Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026)
Michigan Capitol Committee (4 members) (see MCL 4.1701)”.
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, a majority of the members serving voting therefor.
Senators Booher, Casperson, Hansen, MacGregor and Proos were named co‑sponsors of the resolution.
Senators Gregory, O’Brien, Proos, Jones, Booher, Colbeck, Knollenberg, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Johnson and Warren offered the following concurrent resolution:
Senate Concurrent Resolution No. 4.
A concurrent resolution to encourage the Governor to change the name of the Michigan Department of Corrections to the Michigan Department of Corrections and Rehabilitation.
Whereas, In addition to holding offenders accountable, the Michigan Department of Corrections (MDOC) provides rehabilitative opportunities and reentry assistance. Ensuring public safety requires that the department house offenders in prison, but also that offenders leave supervision ready to become productive members of society who are less likely to commit crimes in the future; and
Whereas, Quality rehabilitation and reentry services improve public safety, enhance offenders’ quality of life, and are a cost-effective use of taxpayer dollars. The MDOC works with prisoners throughout their sentences to prepare them for reentry into the community, providing educational opportunities and support services designed to give offenders the tools they need to receive parole and succeed when they return home; and
Whereas, Rehabilitation services also function as an important bridge back into society because they afford prisoners an opportunity to engage with volunteers and professionals from the community who are invested in their success; and
Whereas, The names of state departments should reflect their mission and the priorities assigned by the Governor and Legislature. Adding rehabilitation to the MDOC’s name will more clearly articulate the department’s vision to employees, offenders, and the general public; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we encourage the Governor to change the name of the Michigan Department of Corrections to the Michigan Department of Corrections and Rehabilitation; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and the Director of the Michigan Department of Corrections.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Kowall moved that the concurrent resolution be referred to the Committee on Michigan Competitiveness.
The motion prevailed.
Senators Casperson, Conyers, Hertel, MacGregor and Zorn were named co‑sponsors of the concurrent resolution.
Senate Concurrent Resolution No. 1.
A concurrent resolution granting authority for adjournment for more than 2 days.
(For text of resolution, see Senate Journal No. 1, p. 14.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Senate Concurrent Resolution No. 2.
A concurrent resolution prescribing the Joint Convention Rules for the Legislature.
(For text of resolution, see Senate Journal No. 1, p. 15.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Senate Concurrent Resolution No. 3.
A concurrent resolution providing for a joint convention of the Senate and House of Representatives.
(For text of resolution, see Senate Journal No. 1, p. 15.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:25 a.m.
10:39 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate returned to the order of
Motions and Communications
The Secretary announced that the Majority Leader has made the appointments of the following standing committee:
Economic Development and International Investment - Senators MacGregor and Warren (MVC).
The standing committee appointments were approved, a majority of the members serving voting therefor.
Introduction and Referral of Bills
Senators Meekhof, Robertson, MacGregor and Hildenbrand introduced
Senate Bill No. 1, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators MacGregor, Robertson, Hildenbrand and Meekhof introduced
Senate Bill No. 2, entitled
A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending sections 6a and 8 (MCL 125.1606a and 125.1608), as amended by 2002 PA 357.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Robertson, MacGregor, Hildenbrand and Meekhof introduced
Senate Bill No. 3, entitled
A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558); and to provide an appropriation for purposes incidental thereto.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Brandenburg, Robertson, Proos, Schuitmaker, Kowall, Emmons, Pavlov, Shirkey, Stamas, Hune, MacGregor, Colbeck, Green and Schmidt introduced
Senate Bill No. 4, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2016 PA 266; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Proos, O’Brien, Jones, Colbeck, Knollenberg, Horn, Booher, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 5, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20, and by adding section 21a to chapter XVI.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Schuitmaker, O’Brien, Proos, Jones, Colbeck, Knollenberg, Horn, Booher, Brandenburg, Hansen, Kowall, Johnson, Gregory and Warren introduced
Senate Bill No. 6, entitled
A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending sections 2 and 4 (MCL 791.402 and 791.404), as amended by 2014 PA 466.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Knollenberg, O’Brien, Proos, Jones, Booher, Colbeck, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Johnson, Gregory and Warren introduced
Senate Bill No. 7, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators MacGregor, O’Brien, Proos, Knollenberg, Booher, Colbeck, Jones, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 8, entitled
A bill to provide for the use of evidence-based supervision practices for probation and parole supervision; to prescribe the powers and duties of certain state departments and local agencies; to require the adoption of certain rules; to regulate the use of funds by certain state departments and local agencies; and to require certain reports.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Proos, O’Brien, Colbeck, Knollenberg, Booher, Jones, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 9, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators O’Brien, Proos, Colbeck, Knollenberg, Booher, Jones, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 10, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 31b.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Colbeck, O’Brien, Proos, Knollenberg, Booher, Jones, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 11, entitled
A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Jones, O’Brien, Proos, Colbeck, Knollenberg, Booher, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 12, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Proos, O’Brien, Colbeck, Knollenberg, Booher, Jones, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 13, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Brandenburg, O’Brien, Proos, Colbeck, Knollenberg, Jones, Booher, Horn, Schuitmaker, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 14, entitled
A bill to establish and implement a work opportunity employer reimbursement program; and to prescribe the powers and duties of certain state agencies and officials.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Jones, O’Brien, Proos, Colbeck, Knollenberg, Booher, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 15, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Proos, O’Brien, Colbeck, Knollenberg, Jones, Booher, Horn, Brandenburg, Schuitmaker, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 16, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding chapter IIIB.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Shirkey, O’Brien, Proos, Colbeck, Knollenberg, Jones, Booher, Horn, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 17, entitled
A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for expenditures from the fund; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Horn, O’Brien, Proos, Jones, Colbeck, Knollenberg, Booher, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory and Johnson introduced
Senate Bill No. 18, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 84.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Zorn, O’Brien, Proos, Jones, Colbeck, Knollenberg, Horn, Booher, Brandenburg, Schuitmaker, Hansen, Kowall, Gregory and Johnson introduced
Senate Bill No. 19, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Robertson, O’Brien, Proos, Jones, Colbeck, Knollenberg, Horn, Booher, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 20, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Warren, Proos, O’Brien, Jones, Colbeck, Knollenberg, Horn, Booher, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory and Johnson introduced
Senate Bill No. 21, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2015 PA 9.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senator Johnson introduced
Senate Bill No. 22, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 62d.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senator Proos introduced
Senate Bill No. 23, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3, 771A.4, 771A.5, and 771A.6), as added by 2012 PA 616, and by adding a heading for chapter XIA.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senator Proos introduced
Senate Bill No. 24, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1086.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senator Knezek introduced
Senate Bill No. 25, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Knezek introduced
Senate Bill No. 26, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Pavlov introduced
Senate Bill No. 27, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1280c (MCL 380.1280c), as amended by 2011 PA 8.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Bieda, Ananich, Hopgood, Knezek, Johnson, Gregory and Conyers introduced
Senate Bill No. 28, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Horn, Stamas, MacGregor, Shirkey and Proos introduced
Senate Bill No. 29, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2016 PA 50; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Stamas, Horn, MacGregor, Shirkey and Proos introduced
Senate Bill No. 30, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2016 PA 193, and by adding section 11.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators MacGregor, Stamas, Horn, Shirkey and Proos introduced
Senate Bill No. 31, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Shirkey, Horn, Stamas, MacGregor and Proos introduced
Senate Bill No. 32, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Horn, Jones, Proos, Knollenberg and Marleau introduced
Senate Bill No. 33, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Ananich, Horn, O’Brien, Booher, Bieda, Hansen, Gregory, Johnson, Conyers, Knezek, Schmidt, Hopgood, Warren, Stamas, Zorn and Robertson introduced
Senate Bill No. 34, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Jones, Hertel, O’Brien, Hansen, Horn, MacGregor, Marleau and Bieda introduced
Senate Bill No. 35, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, by designating sections 1 to 20 as article 1, and by adding article 2; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator Jones introduced
Senate Bill No. 36, entitled
A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774).
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jones and Horn introduced
Senate Bill No. 37, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator Jones introduced
Senate Bill No. 38, entitled
A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and by adding section 4.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Jones introduced
Senate Bill No. 39, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2801 (MCL 700.2801), as amended by 2016 PA 57.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Zorn introduced
Senate Bill No. 40, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506.
The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.
Senators Jones and Zorn introduced
Senate Bill No. 41, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Brandenburg introduced
Senate Bill No. 42, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Hansen introduced
Senate Bill No. 43, entitled
A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending section 9 (MCL 124.79).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Hansen introduced
Senate Bill No. 44, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2016 PA 236.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Hildenbrand introduced
Senate Bill No. 45, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Zorn, Horn, Stamas and Nofs introduced
Senate Bill No. 46, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Zorn and Nofs introduced
Senate Bill No. 47, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as amended by 2012 PA 44.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Zorn, Horn, Nofs and Stamas introduced
Senate Bill No. 48, entitled
A bill to prohibit local units of government from imposing sanctions on certain employees for communications with elected officials; and to provide for remedies.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Booher introduced
Senate Bill No. 49, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5106 (MCL 700.5106), as amended by 2000 PA 463.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Booher, O’Brien, Proos, Jones, Colbeck, Knollenberg, Horn, Brandenburg, Hansen, Schuitmaker, Kowall, Gregory, Johnson and Warren introduced
Senate Bill No. 50, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 65j.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senator Bieda introduced
Senate Bill No. 51, entitled
A bill to create the Michigan infrastructure council; and to prescribe the powers and duties of certain state agencies and officials.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Bieda introduced
Senate Bill No. 52, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Statements
Senators Ananich, Hertel and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Ananich’s statement is as follows:
This is a little unusual, what I’m about to do here, but as most of you know me, I’m a little unusual as a person. I’m going to go about offering a tribute to the Senate Majority Leader’s chief of staff. This doesn’t happen very often, but we don’t often have people of the character and talent that we do in Bob DeVries.
Some of you know the relationship that my former chief of staff, Andy Leavitt, and Bob formed over the last two years. I sort of offer this tribute on his behalf as well as my own. Arlan, of course, did a tremendous job talking about the 12 years they’ve worked together and the relationship they’ve formed. I think he encapsulated Bob very well, but from someone on the other side of the chamber, I wanted to talk about some things that I’ve seen over the last two years. Bob has one of the most strategic minds and talented minds that I’ve come across in politics, and I think it’s helped us do a lot of the important work that we’ve done over the last two years. Many of you have seen it, maybe you haven’t, but Bob has a great sense of humor and also a very quick wit. I’ve been on both ends of that in a very fun way. I think importantly, all joking aside, he respects this institution very, very much. I think in doing so, he has helped this body work very well and helped us earn, I think rightly so, the title of the “upper chamber.” I think he’s done a tremendous job under his watch.
Lastly, and I think we all to the best of our abilities do this when we can, he’s become a true friend. I’m sorry to see him leave, but I’m very happy for his next opportunity, and I’m sure he’ll succeed in that as he has in every position he’s had in the House and Senate. I just want to thank him for the four years I’ve got to work with him, and I look forward to many more. I just wanted to give him a hand.
Senator Hertel’s statement is as follows:
Last night, we heard from the Governor about how Michigan is recovering, and certainly there are metrics and spreadsheets that show that Michigan is moving in a positive direction, but numbers and spreadsheets cannot be more important than the people we serve and they certainly do not paint a full picture. People and corporations are feeling the recovery at the top, but recovery does not matter much if the average hardworking Michigan family is not feeling it, and those in the middle and those at the bottom just aren’t.
Nowhere is this more evident than in our youngest generation. This generation is the slowest to buy a car, buy a house, or start a family, but that makes sense when you look at the numbers. The median annual household income in Michigan is stagnant at $49,576. The average student in Michigan graduates with $30,000 in debt. The average cost of childcare is $9,882, and that’s just for one child. Colleagues, we can’t move Michigan forward if we leave this generation behind. We can’t just invest in corporations, we have to invest in Michigan’s people.
That is why I’m introducing bills today that will give tax relief to help relieve student debt and to help parents with the cost of childcare. As a father of four, I know raising a family will never be easy. It shouldn’t be. Raising a family is the most important thing that any of us will ever do. Now I know that these bills won’t solve every problem, but they will make it a little bit easier. A little easier to raise a family, a little easier to send your kid to college, and a little easier to stay here in Michigan. Just a little easier. Colleagues, I’m asking you to join me in signing on to these bills. They’re available on my desk for co‑sponsorship. They would make it just a little easier for Michigan’s families.
Senator Colbeck’s statement is as follows:
We’ve got a new year with some new opportunities. Have you every proposed a solution to a problem only to have somebody say that it’s impossible and it’ll never work? We all have. I don’t know about you, but I’m not a big fan of folks who dismiss good ideas as being impossible. Perhaps that’s what motivated me to go into aerospace engineering.
Like many Americans, nothing motivates me more to make something happen than to tell me something is impossible. At one time in history, nothing seemed more impossible than human beings taking flight. At one time in history, nothing seemed more impossible than landing a man on the Moon and returning him safely back to Earth. America is the land of making the impossible possible. And I’m not just talking about the Wright Brothers, and I’m not just talking about Neil Armstrong or my former professor at the International Space University, Buzz Aldrin.
Millions of Americans from all walks of life routinely make possible what all too many in government today believe to be impossible. Many of our citizens manage to balance their checkbook when incomes remain flat and expenses rise. Government seems to think this is impossible. Government officials see expense increases as an excuse to increase taxes and fees. Government officials often make excuses why something can’t be done while everyday Americans find ways to get it done.
In fact, when I first ran for office in the 7th Senate District seat without any previous political experience or significant financial backing against four former state representatives, I was told that winning was impossible, yet here I am today. Many in Lansing told my friend from the 16th Senate District and I that right-to-work would be impossible to pass in Michigan, yet here we are today. Many political pundits said that Michigan would never be a red state, yet in this past election, here we are today. I truly tire of people who say that something can’t be done.
What I’ve learned is that when somebody says that something can’t be done, what they’re really saying is “I don’t want it to happen” or “I don’t want it to happen that way because it doesn’t benefit me.” For years, government officials and their pundit allies said we could not fix the roads without raising taxes. I repeatedly demonstrated that we could indeed fix the roads with existing funds without raising taxes. It all comes down to shared goals, budget priorities, and building higher-quality roads. That was not the path we pursued because of a persistent Lansing refrain of “that’s impossible.” Instead, we asked our citizens to cope with a $600 million tax increase that took effect on January 1. For those who still think it’s impossible to fix the roads without increasing taxes, I would like to point out that our lapsed fund balance from last year’s budget was $589.8 million and $589.8 million is pretty dang close to $600 million. It turns out that the impossible task of fixing our roads with existing funds was indeed possible after all.
For the sake of our citizens, I say it’s about time that we started to consider actually doing what many in government say is impossible. It’s time to establish some big hairy audacious goals, or BHAGs, for this legislative session. For starters, let’s eliminate the need for the $8.7 billion in personal income tax the state collects every year, and the ill-conceived senior pension tax right along with it. I’m pleased to note that both chambers have introduced legislation to fully repeal the state income tax. In fact, I’m honored to have co‑sponsored the legislation introduced by the conservative Senator from the 8th District. This is a good start. In addition to eliminating our state income tax, let’s find a way to add $3,000 per pupil per year into education without raising taxes. While we’re at it, let’s grow and diversify jobs in Michigan with exciting new industries like aerospace without pursuing economic development policies that pick winners and losers.
I’ve done the research. Each of these big hairy audacious goals is indeed possible. Each of these big hairy audacious goals would do something that we haven’t done in quite some time. What is that? We would finally kick the agenda of special interests to the curb and start pursuing an agenda that helps everyone in our state. All it takes is for enough of us to look beyond the artificial roadblocks of naysayers and instead say “let’s make it happen.”
There’s an old adage that says, “People who say it cannot be done should not interrupt those who are doing it.” I’m tired of being interrupted from pursuing solutions that serve the broader interests of our citizens and so are our citizens. Many of us know that with Christ, all things are possible. For the sake of the people that we serve, let’s make 2017 the year of doing the impossible.
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesdays, February 21, February 28, March 7, March 14 and March 21, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
State Police and Military Affairs - Tuesdays, January 24, February 14, February 21, March 7 and March 21, 8:30 a.m., Rooms 402 and 403; February 28 and March 14, Room 405, Capitol Building (373-2768)
Senate Fiscal Agency Board of Governors - Thursday, January 26, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:04 a.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, January 19, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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