No. 35
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Tuesday, April 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—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—excused Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—excused Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present 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
Rabbi Michael Zimmerman of Congregation Kehillat Israel of Lansing offered the following invocation:
Dearest God, please bestow Your blessings on the men and women in this Chamber, duly elected to fulfill the sacred duty of governing our state. May You endow every one of them with integrity, with the courage to do what is right, and with an open ear and an open heart to their constituents. May they never waver from their mandate to serve the common good and their responsibility to do what is best for every man, woman, and child in this state. May they stand tall in their role as statesmen and stateswomen, dedicated to a new bottom line of caring, generosity, and decency. May they balance justice with mercy and compassion with wisdom; honoring the Biblical injunction of equality before the law for rich and poor alike, and safeguarding the rights of both offenders and victims.
May they never forget the most fundamental teaching of the Old and New Testaments alike: to care for the widow, the orphan, and the stranger; to feed the hungry and to clothe the naked. May they address and listen to their colleagues from all parties with respect, and may they earn and receive that same respect from both allies and adversaries alike. Despite their different perspectives, may they work together in harmony, and in service of the greater good. When their term is complete, may every one of them look back with pride over a job well done, proud to leave our state in better shape than when their term began.
And let us say, Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Jones entered the Senate Chamber.
Senator Kowall moved that Senator Marleau be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Conyers and Johnson be excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received and read:
Office of the Senate Majority Leader
April 17, 2017
In accordance with the Senate Rules, I hereby rename the temporary subcommittee of the Education Committee to the Subcommittee on the Michigan Merit Curriculum for the 99th Legislature.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Arlan Meekhof
30th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
The following communications were received and read:
Office of the Auditor General
March 24, 2017
Enclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters:
• Michigan Strategic Fund (A Discretely Presented Component Unit of the State of Michigan), Fiscal Year Ended September 30, 2016, March 2017.
• Michigan State Employees’ Retirement System, Fiscal Year Ended September 30, 2016, March 2017.
• Michigan Military Retirement System, Nine Months Ending September 30, 2016, March 2017.
March 30, 2017
Enclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters:
• State of Michigan Comprehensive Annual Financial Report, State Budget Office, Fiscal Year Ended September 30, 2016.
April 12, 2017
Enclosed is a copy of the following report:
• Performance audit report on the Capitated Rate Setting, Contracting, and Beneficiary Enrollment Processes of the Comprehensive Health Care Program, Michigan Department of Health and Human Services.
Sincerely,
Doug Ringler
Auditor General
The audit reports were referred to the Committee on Government Operations.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
March 28, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2013-087-LR (Secretary of State Filing #17-03-08) on this date at 3:25 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Penal Facilities Fire Safety Rules.”
These rules become effective 30 days after filing with the Secretary of State.
March 28, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-025-LR (Secretary of State Filing #17-03-09) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Cosmetology.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under those sections become effective 7 days after filing with the Secretary of State.
March 29, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-007-EQ (Secretary of State Filing #17-03-10) on this date at 3:55 p.m. for the Department of Environmental Quality entitled, “Hazardous Waste Management.”
These rules take effect 7 days after filing with the Secretary of State.
March 29, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-003-EQ (Secretary of State Filing #17-03-11) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Part 6. Emission Limitations and Prohibitions - Existing Sources of Volatile Organic Compound Emissions.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45(a) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
March 30, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-031-ED (Secretary of State Filing #17-03-12) on this date at 2:49 p.m. for the Department of Education entitled, “Teacher and School Administrator Evaluation Tools.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45(a)(6) of 1969 PA 306. Rules adopted under those sections become effective 7 days after filing with the Secretary of State.
March 30, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-048-LR (Secretary of State Filing #17-03-13) on this date at 2:49 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Psychology - General Rules.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under those sections become effective 7 days after filing with the Secretary of State.
March 30, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention requests the withdrawal of the rescission of Rules 436.1117 and 436.1133 to allow for additional consideration (Administrative Rule #2017-005-LR; Secretary of State Filing #17-03-05) on this date at 2:49 p.m. for the Department of Licensing and Regulatory Affairs.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
The following communication was received:
Office of Senator Steven M. Bieda
March 30, 2017
Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 292 which was introduced on March 30, 2017, by Senator Rick Jones and is currently in the Senate Natural Resources Committee.
Sincerely,
Steve Bieda
State Senator
9th District
The communication was referred to the Secretary for record.
The following communication was received:
Department of State
April 12, 2017
In accordance with Article VIII, Part 2, Section 703 of Public Act 268 of 2016, we have attached a Record Look-Up Fee quarterly report for the Department of State for the second quarter of FY 2017.
Revenue collected during the second quarter of FY 2016 and FY 2017 were $9,670,393 and $14,013,033 respectively. Data used in the preparation of this report was obtained from the MAIN-MIDB database.
Sincerely,
Cindy Paradine, Director
Office of Financial Services
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 30:
House Bill Nos. 4082 4288 4315 4316 4317 4318
The Secretary announced that the following bills and joint resolutions were printed and filed on Thursday, March 30, and are available at the Michigan Legislature website:
Senate Bill Nos. 287 288 289 290 291 292 293 294 295 296 297
Senate Joint Resolution I
House Bill Nos. 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449
4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463
4464 4465 4466 4467 4468 4469 4470 4471 4472 4473
House Joint Resolution K
Senators Marleau and Young entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof offered the following concurrent resolution:
Senate Concurrent Resolution No. 16.
A concurrent resolution of tribute offered as a memorial for John D. Pridnia, former member of the House of Representatives and Senate.
Whereas, The members of this legislative body were saddened to learn of the passing of former Senator John Pridnia. A tenacious and hard-working advocate for his community and our state, Senator Pridnia’s notable contributions will be long remembered and cherished; and
Whereas, Born and raised in Detroit, John Pridnia attended Macomb Community College and Wayne State University before moving to Hubbard Lake, where he and his wife, Lisa, raised three sons. In northeast Michigan, he amassed a wealth of experience running numerous businesses in the Harrisville area. He also served as president of the Harrisville Lions Club and was a member of the Harrisville City Council and the Tawas Area Rotary Club; and
Whereas, First elected to the House of Representatives in 1982, John Pridnia served four terms as state representative to the 106th House District before his election to the State Senate in 1990, serving a single term representing the Thirty-sixth Senate District. Whether as chair of the Senate Health Policy Committee or Assistant Senate Majority Leader, Senator Pridnia worked tirelessly to make positive contributions to our state’s health care policies. The passion and attention to detail that defined his work ethic were evidenced in other issues as well, which ranged from the environment and outdoor recreation and tourism to economic development and taxation; and
Whereas, Retiring to Port Austin, John Pridnia continued to remain active in state and local politics and enjoyed the company of family and friends. His leadership was integral to creating the Port Austin Farmer’s Market, traveling countless miles across the state to secure vendors for the summer affair. After years of planning, Senator Pridnia was also a driving force behind the Port Austin harbor revitalization. He was a mentor to business owners and a conscientious public servant, and his family may take a small measure of solace in knowing that his meritorious service to our state will not soon be forgotten; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of John D. Pridnia, a member of the House of Representatives from 1983 to 1990 and the Senate from 1991 to 1994; and be it further
Resolved, That copies of this resolution be transmitted to the Pridnia family as evidence of our lasting esteem for his memory.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted by a unanimous standing vote of the Senate.
Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the concurrent resolution.
The motion prevailed, a majority of the members serving voting therefor.
Senator Stamas asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Stamas’ statement is as follows:
As the Senator of the 36th Senate District where Senator Pridnia served, I wanted to say a couple words recognizing his service to Alpena and the whole 36th Senate District. Harrisville is one of the true jewels of our district. As I have toured my district, people have continued to bring his name up as I go through the community, and they still recognize his service and the difference that he truly made. I wanted to take a moment to thank him, but also thank his family for his years of service, and the true difference he made to the communities in the north and all of Michigan. Thank you to the family for being here.
Senate Concurrent Resolution No. 15.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see Senate Journal No. 34, p. 409.)
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 10:13 a.m.
10:48 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Messages from the Governor
The following messages from the Governor were received:
Date: March 30, 2017
Time: 9:48 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 34 (Public Act No. 19), being
An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 11a.
(Filed with the Secretary of State on March 31, 2017, at 10:34 a.m.)
Date: March 30, 2017
Time: 10:04 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 39 (Public Act No. 20), being
An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 2801 (MCL 700.2801), as amended by 2016 PA 57.
(Filed with the Secretary of State on March 31, 2017, at 10:36 a.m.)
Date: March 30, 2017
Time: 10:06 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 69 (Public Act No. 21), being
An act to amend 1984 PA 431, entitled “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 526.
(Filed with the Secretary of State on March 31, 2017, at 10:38 a.m.)
Date: March 30, 2017
Time: 10:08 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 213 (Public Act No. 22), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16285, 16287, 17210, and 17211 (MCL 333.16285, 333.16287, 333.17210, and 333.17211), sections 16285 and 16287 as added by 2016 PA 359 and sections 17210 and 17211 as amended by 2016 PA 499.
(Filed with the Secretary of State on March 31, 2017, at 10:40 a.m.)
Date: March 30, 2017
Time: 10:10 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 5 (Public Act No. 2), being
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.
(Filed with the Secretary of State on March 31, 2017, at 10:00 a.m.)
Date: March 30, 2017
Time: 10:12 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 6 (Public Act No. 3), being
An act to amend 1988 PA 511, entitled “An act to provide for the funding of community-based corrections programs through local governmental subdivisions or certain nonprofit agencies; to prescribe the powers and duties of certain state officers and agencies; to provide for community corrections advisory boards and prescribe their powers and duties; to create an office of community alternatives and a state community corrections board within the department of corrections and prescribe their powers and duties; and to provide for the promulgation of rules,” by amending sections 2 and 4 (MCL 791.402 and 791.404), as amended by 2014 PA 466.
(Filed with the Secretary of State on March 31, 2017, at 10:02 a.m.)
Date: March 30, 2017
Time: 10:14 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 7 (Public Act No. 4), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 8a.
(Filed with the Secretary of State on March 31, 2017, at 10:04 a.m.)
Date: March 30, 2017
Time: 10:16 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 8 (Public Act No. 5), being
An act 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.
(Filed with the Secretary of State on March 31, 2017, at 10:06 a.m.)
Date: March 30, 2017
Time: 10:18 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 9 (Public Act No. 6), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 69b.
(Filed with the Secretary of State on March 31, 2017, at 10:08 a.m.)
Date: March 30, 2017
Time: 10:20 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 10 (Public Act No. 7), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 31b.
(Filed with the Secretary of State on March 31, 2017, at 10:10 a.m.)
Date: March 30, 2017
Time: 10:22 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 12 (Public Act No. 8), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a.
(Filed with the Secretary of State on March 31, 2017, at 10:12 a.m.)
Date: March 30, 2017
Time: 10:24 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 13 (Public Act No. 9), being
An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI.
(Filed with the Secretary of State on March 31, 2017, at 10:14 a.m.)
Date: March 30, 2017
Time: 10:26 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 15 (Public Act No. 10), being
An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351.
(Filed with the Secretary of State on March 31, 2017, at 10:16 a.m.)
Date: March 30, 2017
Time: 10:28 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 17 (Public Act No. 11), being
An act to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for use of the fund; to provide for the powers and duties of certain state and local governmental officers and entities; and to repeal acts and parts of acts.
(Filed with the Secretary of State on March 31, 2017, at 10:18 a.m.)
Date: March 30, 2017
Time: 10:41 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 18 (Public Act No. 12), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 84.
(Filed with the Secretary of State on March 31, 2017, at 10:20 a.m.)
Date: March 30, 2017
Time: 10:43 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 19 (Public Act No. 13), being
An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198.
(Filed with the Secretary of State on March 31, 2017, at 10:22 a.m.)
Date: March 30, 2017
Time: 10:45 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 20 (Public Act No. 14), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” 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.
(Filed with the Secretary of State on March 31, 2017, at 10:24 a.m.)
Date: March 30, 2017
Time: 10:47 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 21 (Public Act No. 15), being
An act 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.
(Filed with the Secretary of State on March 31, 2017, at 10:26 a.m.)
Date: March 30, 2017
Time: 10:49 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 22 (Public Act No. 16), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 62d.
(Filed with the Secretary of State on March 31, 2017, at 10:28 a.m.)
Date: March 30, 2017
Time: 10:51 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 23 (Public Act No. 17), being
An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” 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.
(Filed with the Secretary of State on March 31, 2017, at 10:30 a.m.)
Date: March 30, 2017
Time: 10:53 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 24 (Public Act No. 18), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 1086.
(Filed with the Secretary of State on March 31, 2017, at 10:32 a.m.)
Date: March 30, 2017
Time: 3:41 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 16 (Public Act No. 1), being
An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding chapter IIIB.
(Filed with the Secretary of State on March 31, 2017, at 9:58 a.m.)
Respectfully,
Rick Snyder
Governor
The following message from the Governor was received:
March 30, 2017
Today I have signed Enrolled Senate Bill 10 into law. This bill, which was part of a package of bills on criminal justice reform, had overwhelming support in the legislature, passing without a single vote cast against it. The goal of this bill, which is laudable, is to generate a report about parole practices that will help policymakers better understand how many prisoners are not being paroled at their earliest possible release date and why many of these prisoners are being denied parole. This information may help to guide future policy decisions regarding parole.
It should be noted, however, that Enrolled Senate Bill 10 does not capture a complete picture of all the reasons why a prisoner might be denied parole at their earliest possible release date. The law will require the parole board to detail the number of all prisoners who are not granted parole at their earliest possible release date and to categorize the specific reasons for some of these denials. Notably, the seven specific categories set forth in subsection (2) of the new law, which reflect the parole guidelines promulgated by the Department of Corrections to guide the discretion of the parole board, is not an inclusive list of all reasons for a parole board decision.
For instance, while a prisoner may be scored as having a high probability of being paroled, the parole board could determine at the interview stage that the prisoner nevertheless poses an unacceptable risk to public safety. The parole guidelines alone cannot be relied upon to determine if a prisoner presents an ongoing threat to the victim of the crime. Likewise, the parole guidelines alone do not capture important variables such as how well the prisoner can communicate an understanding of the crime and the steps that could be taken to avoid future offenses.
Accordingly, while the data included in a report under this law may be helpful, policymakers must remain mindful of the fact that such a report will not include all the reasons why the parole board might appropriately decide to exercise its discretion in a way that conflicts with the parole guidelines. I would encourage follow up legislation that would improve the quality of information provided to policymakers.
Sincerely,
Rick Snyder
Governor
The following messages from the Governor were received and read:
March 10, 2017
I respectfully submit to the Senate the following appointments to office:
Michigan Cherry Committee
Andrew J. Riley of 1316 N. 56th Avenue, Mears, Michigan 49436, county of Oceana, representing District 2 sweet cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2020.
David Smeltzer of 4021 13 Mile Road, Bear Lake, Michigan 49614, county of Manistee, representing District 1 tart cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2020.
Isaiah S. Wunsch of 15168 Kroupa Road, S., Traverse City, Michigan 49686, county of Grand Traverse, representing District 1 sweet cherry growers, succeeding Paul Hubbell, is appointed for a term expiring February 1, 2020.
March 10, 2017
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Chiropractic
Robyn E. Peake of 51146 33rd Street, Paw Paw, Michigan 49079, county of Van Buren, representing the general public, succeeding Beth Griffin, is appointed for a term expiring December 31, 2017.
March 10, 2017
I respectfully submit to the Senate the following appointment to office:
Board of Real Estate Appraisers
Kristi L. Kozubal of 3008 Crestwood Court, Bay City, Michigan 48706, county of Bay, representing the general public, succeeding Chelsea Knauf, is appointed for a term expiring June 30, 2018.
March 10, 2017
I respectfully submit to the Senate the following appointments to office:
Michigan Tree Fruit Commission
Fred Koenigshof of 4050 Kerlikowske Road, Coloma, Michigan 49038, county of Berrien, representing fruit growers in District 3, succeeding himself, is reappointed for a term expiring March 1, 2020.
Richard C. Sayler of 8265 Sayler Road, Williamsburg, Michigan 49690, county of Grand Traverse, representing fruit growers in District 1, succeeding himself, is reappointed for a term expiring March 1, 2020.
Steve Thome of 6375 Bristol Avenue, N.W., Comstock Park, Michigan 49321, county of Kent, representing fruit growers in District 2, succeeding himself, is reappointed for a term expiring March 1, 2020.
March 20, 2017
I respectfully submit to the Senate the following appointment to office:
Advisory Council on Deaf, Deafblind and Hard of Hearing
Elizabeth Kobylak of 1938 Canary Court, Troy, Michigan 48084, county of Oakland, representing deaf or hard of hearing persons, succeeding herself, is reappointed for a term expiring January 18, 2020.
March 20, 2017
I respectfully submit to the Senate the following appointments to office:
Governor’s Task Force on Child Abuse and Neglect
Lori A. Budnik of 365 South Fourth Street, Rogers City, Michigan 49779, county of Presque Isle, representing child protective services agencies, succeeding herself, is reappointed for a term expiring December 31, 2019.
Luann Forbes of 231 S. Broadway Street, Hastings, Michigan 49058, county of Barry, representing parents, succeeding herself, is reappointed for a term expiring December 31, 2019.
Susan L. Heilner of 250 Franklin Lake Circle, Oxford, Michigan 48371, county of Oakland, representing child protective services agencies, succeeding herself, is reappointed for a term expiring December 31, 2019.
Cheryl E. Lohmeyer of 1609 Northridge Drive, Monroe, Michigan 48162, county of Monroe, representing judges and attorneys, succeeding Robin Eagleson, is appointed for a term expiring December 31, 2018.
Catherine M. Onsted of 1608 N. Dade Drive, Jackson, Michigan 49203, county of Jackson, representing parents groups, succeeding Betsy Boggs, is appointed for a term expiring December 31, 2019.
Veda D. Thompkins of 18727 Avon Drive, Detroit, Michigan 48219, county of Wayne, representing the law enforcement community, succeeding herself, is reappointed for a term expiring December 31, 2019.
March 20, 2017
I respectfully submit to the Senate the following appointments to office:
Grape and Wine Industry Council
Deborah A. Burgdorf of 5635 Shoeman Road, Haslett, Michigan 48840, county of Ingham, representing wine makers, succeeding Jeffrey Lemon, is appointed for a term expiring February 1, 2020.
Richard C. Lopus of 444 W. Willis Road, #411, Detroit, Michigan 48201, county of Wayne, representing beer and wine wholesalers, succeeding William Fox, is appointed for a term expiring February 1, 2020.
Richard E. Rinvelt of 2234 White Pine Drive, Wixom, Michigan 48393, county of Oakland, representing the general public, succeeding himself, is reappointed for a term expiring February 1, 2020.
Dustin J. Stabile of 3505 Thumb Lake Road, Boyne Falls, Michigan 49713, county of Charlevoix, representing wine makers, succeeding Martin Lagina, is appointed for a term expiring February 1, 2020.
March 27, 2017
I respectfully submit to the Senate the following appointments to office:
Criminal Justice Policy Commission
Dale J. Hilson of 1068 Dykstra Court, Muskegon, Michigan 49445, county of Muskegon, representing prosecuting attorneys, succeeding himself, is reappointed for a term expiring March 1, 2021.
Barbara R. Levine of 9685 Looking Glass Brook Drive, Grand Ledge, Michigan 48837, county of Clinton, representing advocates of alternatives to incarceration, succeeding herself, is reappointed for a term expiring March 1, 2021.
Lawrence A. Stelma of 14601 Cedar Springs Avenue, Cedar Springs, Michigan 49319, county of Kent, representing county sheriffs, succeeding himself, is reappointed for a term expiring March 1, 2021.
Andrew Verheek of 901 Argo Avenue, S.E., Grand Rapids, Michigan 49546, county of Kent, representing the Michigan Association of Community Corrections, succeeding himself, is reappointed for a term expiring March 1, 2021.
March 27, 2017
I respectfully submit to the Senate the following appointments to office:
Michigan Council for Rehabilitation Services
Trina E. Edmondson of 2600 Dale Drive, Six Lakes, Michigan 48886, county of Kent, representing disability advocacy groups, succeeding herself, is reappointed for a term expiring December 31, 2019.
Robin L. Bennett of 2105 N. Sheldon Road, Apt. 202, Canton, Michigan 48187, county of Wayne, representing the Statewide Independent Living Council, succeeding Sarah Grivetti, is appointed for a term expiring December 31, 2019.
Jennipher Wiebold of 224 Raintree Circle, Kalamazoo, Michigan 49006, county of Kalamazoo, representing disability advocacy groups, succeeding herself, is reappointed for a term expiring December 31, 2019.
March 30, 2017
I respectfully submit to the Senate the following appointments to office:
Mackinac Island State Park Commission
Richard A. Manoogian of 15520 Windmill Pointe Drive, Grosse Pointe Park, Michigan 48230, county of Wayne, representing Independents, succeeding himself, is reappointed for a term expiring April 12, 2023.
Charles W. Yob of 447 Marylane, Fremont, Michigan 49412, county of Newaygo, representing Republicans, succeeding himself, is reappointed for a term expiring April 12, 2023.
March 31, 2017
I respectfully submit to the Senate the following appointments to office:
Michigan Veterans’ Facilities Authority Board of Directors
David J. Henry of 2663 Shadow Pine Drive, Fruitport, Michigan 49415, county of Muskegon, is appointed for a term expiring April 15, 2021.
Spencer C. Hoover of 776 Trombley Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is appointed for a term expiring April 15, 2021.
Mary Kummer Naber of 1060 Devonshire Drive, Grosse Pointe Park, Michigan 48230, county of Wayne, nominee of the Senate Majority Leader, is appointed for a term expiring April 15, 2020.
Paul W. Potter of 2633 Middleboro Lane, N.E., Grand Rapids, Michigan 49506, county of Kent, representing the interests of one or more congressionally chartered veterans’ organizations, is appointed for a term expiring April 15, 2021.
Andrew Rocky Raczkowski of 3204 McClure Drive, Troy, Michigan 48084, county of Oakland, nominee of the Speaker of the House, is appointed for a term expiring April 15, 2019.
David E. Rutledge of 8585 Durham Court, Ypsilanti, Michigan 48198, county of Washtenaw, representing the interests of one or more congressionally chartered veterans’ organizations, is appointed for a term expiring April 15, 2019.
MaryAnne P. Shannon of 3701 Shallows Beach Road, Sault Ste. Marie, Michigan 49783, county of Chippewa, representing a resident of the Upper Peninsula of this state, is appointed for a term expiring April 15, 2020.
John Thorhauer of 725 West Middle Street, Apt. 22, Chelsea, Michigan 48118, county of Washtenaw, representing the interests of one or more congressionally chartered veterans’ organizations, is appointed for a term expiring April 15, 2018.
April 3, 2017
I respectfully submit to the Senate the following appointment to office:
Pipeline Safety Advisory Board
Shawn M. Lyon of 1701 Firestone Drive, Findlay, Ohio 45840, county of Hancock, representing the oil and gas industry, succeeding Craig Pierson, is appointed for a term expiring December 31, 2018.
April 6, 2017
I respectfully submit to the Senate the following appointments to office:
Mental Health Diversion Council
Christopher K. Cooke of 15393 Old Bluff Trail, Traverse City, Michigan 49684, county of Grand Traverse, representing licensed attorneys with experience in representing individuals with mental illness, succeeding himself, is reappointed for a term expiring January 30, 2021.
Aubrey Jon Gale of 3061 River Road, Twin Lake, Michigan 49457, county of Muskegon, representing local law enforcement, succeeding Timothy Bourgeois, is appointed for a term expiring January 30, 2021.
Steve Kempker of 10479 Northfield Drive, Zeeland, Michigan 49464, county of Ottawa, representing county sheriffs, succeeding Anthony Wickersham, is appointed for a term expiring January 30, 2019.
April 7, 2017
I respectfully submit to the Senate the following appointment to office:
Michigan Electronic Recording Commission
Michelle M. Stevenson of 101 Columbus Avenue, Houghton Lake, Michigan 48629, county of Roscommon, representing county registers of deeds, succeeding herself, is reappointed for a term expiring January 1, 2019.
April 7, 2017
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Licensed Midwifery
Patrice E. Bobier of 4220 E. Loop Road, Hesperia, Michigan 49421, county of Oceana, representing midwives, is appointed for a term expiring December 31, 2021.
Claretta D. Duckett-Freeman of 919 N. Martin Luther King Jr. Boulevard, Lansing, Michigan 48915, county of Ingham, representing the general public, is appointed for a term expiring December 31, 2021.
Deborah Fisch of 1210 Brooklyn Avenue, Ann Arbor, Michigan 48104, county of Washtenaw, representing the general public, is appointed for a term expiring December 31, 2019.
Donald E. Greydanus of 3536 Bellflower Drive, Portage, Michigan 49024, county of Kalamazoo, representing a physician who is board certified as a pediatrician, is appointed for a term expiring December 31, 2021.
Amanda A. Howell of 1602 W. U.S. Highway 12, Clinton, Michigan 49236, county of Lenawee, representing midwives, is appointed for a term expiring December 31, 2019.
Katheryn N. Mazzara of 1020 South Hills Drive, Howell, Michigan 48843, county of Livingston, representing midwives, is appointed for a term expiring December 31, 2020.
Tami J. Michele of 4746 S. Gordon Avenue, Fremont, Michigan 49412, county of Newaygo, representing a physician who is board certified as an obstetrician-gynecologist, is appointed for a term expiring December 31, 2019.
Connie M. Perkins of 1986 W. Howell Road, Mason, Michigan 48854, county of Ingham, representing midwives, is appointed for a term expiring December 31, 2020.
Stacia M. Proefrock of 1611 Chandler Road, Ann Arbor, Michigan 48105, county of Washtenaw, representing midwives, is appointed for a term expiring December 31, 2020.
Heather Robinson of P.O. Box 141004, Detroit, Michigan 48214, county of Wayne, representing midwives, is appointed for a term expiring December 31, 2020.
Geradine Simkins of 275 Cemetery Road, Maple City, Michigan 49664, county of Leelanau, representing certified nurse midwives, is appointed for a term expiring December 31, 2019.
Nicole White of 3138 Rosa Parks Boulevard, Detroit, Michigan 48216, county of Wayne, representing midwives, is appointed for a term expiring December 31, 2019.
April 10, 2017
I respectfully submit to the Senate the following appointments to office:
Asian Pacific American Affairs Commission
Asim I. Alavi of 4116 Lake Forest Drive E., Ann Arbor, Michigan 48108, county of Washtenaw, succeeding himself, is reappointed for a term expiring November 30, 2020.
Anthony Chang of 1607 Thornapple River Drive, S.E., Grand Rapids, Michigan 49546, county of Kent, succeeding Jeffrey Vang, is appointed for a term expiring November 30, 2020.
Wei-Chien Dow of 1671 Hillcrest Drive, Rochester Hills, Michigan 48306, county of Oakland, succeeding Tsu-Yin Wu, is appointed for a term expiring November 30, 2020.
Jianli Wang of 3528 Northbrook Drive, Superior Township, Michigan 48198, county of Washtenaw, succeeding William DeChavez, is appointed for a term expiring November 30, 2019.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
The following message from the Governor was received and read:
LEGISLATURE; PROGRAM FOR THE MANAGEMENT AND
COLLECTION OF DATA RELATED TO CRIMINAL JUSTICE STATISTICS
March 30, 2017
Today I am vetoing Enrolled Senate Bill 11. This bill would have created a criminal justice data collection and management program within the legislative branch and would have required the State Court Administrative Office (SCAO) and The Department of Corrections (MDOC) to gather data addressing a variety of matters relevant to policymaking within the criminal justice sphere. I recognize the critical need policymakers have for complete and accurate data. We cannot make wise policy decisions if we are not able to measure the impact of our decisions. Unfortunately, the present bill is not sufficiently comprehensive to address the significant challenges Michigan faces in collecting criminal justice data. It would require the expenditure of significant funds, but it would leave out key components necessary to achieve its laudable policy goal.
Collecting criminal justice data in Michigan is challenging because we do not have a centralized system. Instead, data is scattered across courts, jails, and police agencies in eighty-three different counties, utilizing several different data-management systems. Consequently, our existing criminal justice databases at the state level are incomplete and contain unverified data. Michigan’s Judicial Data Warehouse (JDW) now lacks data from nineteen local courts. It is impossible to accurately measure recidivism for any Michigan offenders if data is absent, because an offender might be convicted in one jurisdiction and re-offend in another. Any solution must include all local jurisdictions. Likewise, no data exists on arrests or on the application of the sentencing guidelines within the JDW or any other database controlled by SCAO or MDOC. Given these problems, a significant expenditure of funds would be required to upgrade data collection systems in Michigan simply to begin satisfy some of the data-collection obligations imposed by the bill.
If we are committed to making the improvements necessary to establish a system that would allow for the collection of complete and accurate system of criminal-justice data, then all relevant players must be at the table and all relevant local data sources must be considered. The Department of State Police has important criminal justice data but it is not included within this bill. Without including all local jurisdictions and all relevant state departments, any effort to solve Michigan’s data collection problems would be incomplete and would not adequately serve Michigan’s criminal-justice policymakers.
It is my hope that the legislature will correct the shortcomings in this bill and enact new legislation setting forth a broad, comprehensive approach to gathering and reporting criminal justice data in Michigan. I am committed to working with Senators Colbeck and Proos and all state and local stakeholders to craft a solution that will enable Michigan policymakers to collect the complete and accurate data we will need to inform our criminal justice policy decisions in the coming decades.
Sincerely,
Rick Snyder
Governor
The bill was returned from the Governor on March 31, 2017, at 11:25 a.m.
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Senator Kowall moved that the veto message be referred to the Committee on Government Operations.
The motion prevailed.
The following message from the Governor was received and read:
CORRECTIONS; COUNTY JAIL BED SAVINGS PROGRAM
March 30, 2017
Senate Bill 50 would require the Michigan Department of Corrections (MDOC) to implement a “County Jail Bed Savings Program” that could result in state prisoners that receive determinate two-year sentences being placed in a county jail for the duration of their sentence, rather than prison. The Department previously utilized a similar approach as part of the leased bed/virtual prison program, but that program was eliminated by the Department and Legislature during the current budget year. Upon review, it was clear that the program was not consistent with the MDOC’s efforts to create “Offender Success” and did not produce savings for taxpayers.
Over the past two years, Michigan’s prison population has declined nearly 5% due to the Department’s focus on “Offender Success”, which includes cognitive programming, vocational and skilled trades’ education, vital documents, employment readiness training and efforts to return offenders to their communities as self-sufficient, law-abiding citizens. This model requires that time in prison must be productive time spent actively preparing an offender to return to their community from their first day of incarceration. The recent population decline has allowed for the closure of a prison facility, resulting in over $20m in annual savings for taxpayers, a clear indication that the model is working.
Senate Bill 50 could prevent prisoners who qualify for the County Jail Bed Savings Program from receiving any of the support currently provided to offenders under the “Offender Success” model, allowing them to return to the community without the tools necessary to be successful while potentially putting the public at risk. County jails are designed to house prisoners for sentences that do not exceed one year and, as a result, generally lack programming space, vocational classrooms, or sufficient staff dedicated to vital document gathering and employment readiness training that are the hallmarks of the MDOC’s current reentry approach. Housing state prisoners in county jails also places the state at risk for potential litigation related to mental and physical healthcare, access to the courts, and compliance with the federal Prison Rape Elimination Act (PREA).
The issues that result from the housing of MDOC prisoners in county jail beds are not offset by any clear benefit from this program. The MDOC has sufficient capacity in existing state facilities to house the prisoners that would be eligible under this program, and removing those prisoners would not have a significant impact on the department’s population, operation, or costs. In fact, implementing a new County Jail Bed Savings Program would actually increase costs for the state. Elimination of the previous leased bed/virtual prison program resulted in a net savings of nearly $3.1m for taxpayers, since the state no longer pays a per diem to house prisoners when less expensive beds were available within state prisons.
While the legislation that came to my desk does not force the Department to house eligible offenders in county jails, it does require that the MDOC create and administer the County Jail Bed Savings Program. Simply put, having the Department design and manage a program they will not utilize due to its inconsistent nature with our current efforts to promote offender success and smart justice, and that could potentially cost taxpayers more money, are the primary reasons why I will not be signing this bill.
Sincerely,
Rick Snyder
Governor
This bill was returned from the Governor on March 31, 2017, at 11:26 a.m.
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Senator Kowall moved that the veto message be referred to the Committee on Government Operations.
The motion prevailed.
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 without amendment, the following bills:
Senate Bill No. 248, entitled
A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials.
House Bill No. 4080, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2003 PA 255.
House Bill No. 4137, 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 bills were placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 150, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 384 (MCL 18.1384), as amended by 1999 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. 103 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Conyers Johnson
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. 160, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 25a and 31 (MCL 257.25a and 257.31), section 25a as added by 1984 PA 328.
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. 104 Yeas—36
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Nays—0
Excused—2
Conyers Johnson
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Hertel, Conyers, Stamas, Bieda, Warren, Young and Proos introduced
Senate Bill No. 298, entitled
A bill to designate the black swallowtail butterfly as the official butterfly of the state of Michigan.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Colbeck, Green and Gregory introduced
Senate Bill No. 299, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Colbeck, Green and Gregory introduced
Senate Bill No. 300, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5111, 9215, and 9227 (MCL 333.5111, 333.9215, and 333.9227), section 5111 as amended by 2016 PA 64 and section 9227 as amended by 2006 PA 91, and by adding section 5115a.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Jones introduced
Senate Bill No. 301, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 49, 50, and 50b (MCL 750.49, 750.50, and 750.50b), section 49 as amended by 2006 PA 129, section 50 as amended by 2007 PA 152, and section 50b as amended by 2008 PA 339.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4082, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51501 and 51506 (MCL 324.51501 and 324.51506), as amended by 2004 PA 529, and by adding section 51503c.
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 Natural Resources.
House Bill No. 4288, entitled
A bill to amend 2015 PA 255, entitled “Uniform interstate family support act,” by amending section 204 (MCL 552.2204).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
House Bill No. 4315, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.
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 Education.
House Bill No. 4316, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.
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 Education.
House Bill No. 4317, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.
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 Education.
House Bill No. 4318, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.
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 Education.
Committee Reports
The Committee on Transportation reported
Senate Bill No. 163, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn and Pavlov
Nays: Senator Conyers
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4057, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 7a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Thursday, March 30, 2017, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Casperson (C), Horn, Pavlov and Conyers
Excused: Senator Marleau
Scheduled Meetings
Appropriations - Wednesday, April 19, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)
Subcommittees -
Capital Outlay - Thursday, April 20, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Corrections - Wednesday, April 19, 12:00 noon, Room 1100, Binsfeld Office Building (373-2768)
Commerce - Wednesday, April 19, 8:30 a.m., Room 1200, Binsfeld Office Building (373-5312)
Education -
Subcommittee -
Michigan Merit Curriculum - Thursday, April 20, 3:00 p.m., Room 1100, Binsfeld Office Building (373-5314)
Legislative Council - Wednesday, April 19, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Michigan Law Revision Commission - Thursday, May 18, 11:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Transportation - Thursday, April 20, 8:00 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 10:59 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, April 19, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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