No. 72
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Tuesday, September 19, 2017.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien.
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—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present 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—excused
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Tim Berlin of Faith Baptist Church of Warren offered the following invocation:
Heavenly Father, we do thank You for the opportunity that You give to us to serve You in Your program, and to be able to be a part of the institutions that You have established.
We thank You, Heavenly Father, for each one of these Senators. We thank You for the willingness that they show in serving their state, serving the people of their district, but, ultimately, serving God. And so, Lord, I pray that You would empower them today and that You would strengthen them. Lord, I pray that You would keep them healthy. I pray that You would allow them to be able to communicate that which is in their heart. I pray, Heavenly Father, that You would help us to submit ourselves daily to Your authority and, ultimately, Your Word.
I pray, God, for their families. Thank You for the sacrifice each of them are willing to do and go through each and every day so that these Senators can do what they need to do here for the good of our state. And so, Lord, I pray that You would anoint their families, protect them, and put a hedge of angels around them that would meet their every need. I pray that You would keep them from discouragement. I pray that You would just, today, surround this place with Your presence. Empower them to do Your work and according to Your will, and we’ll thank You for it, for we pray this in Jesus’ name. Amen.
The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance.
The President, Lieutenant Governor Calley, assumed the Chair.
Motions and Communications
Senator Green entered the Senate Chamber.
Senator Kowall moved that Senators Brandenburg, Horn and Knollenberg be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Young be excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Jones and Stamas 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
September 13, 2017
I respectfully request you hold a hearing on David DeVries’s appointment as the Director of the Department of Technology, Management and Budget and report your findings to the Senate Government Operations Committee.
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 communication was received:
Office of Senator Steven M. Bieda
September 13, 2017
Per Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 569 which was introduced on September 13, 2017, by Senator Dave Hildenbrand and is currently in the Senate Transportation Committee.
Sincerely,
Steve Bieda
State Senator
9th District
The communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following concurrent resolutions be postponed for today:
Senate Concurrent Resolution No. 10
House Concurrent Resolution No. 3
The motion prevailed.
Senators Meekhof and Casperson offered the following resolution:
Senate Resolution No. 91.
A resolution to declare September 2017, as Suicide Awareness and Prevention Month.
Whereas, Suicide is the 10th leading cause of death in the state; and
Whereas, Suicide touches people of all ages and walks of life, but the highest rates of suicide in Michigan are among those 35-59 years of age; and
Whereas, In this state, suicide is the second leading cause of death for 15- to 34-year-olds and a leading cause of death among those individuals enrolled in college; and
Whereas, In the year 2016, more than 1,300 people in Michigan died as a result of suicide; and
Whereas, Suicide’s impact in the nation and in our state is enormous, whether measured in numbers of deaths, attempts, economic and medical benefit costs, or the devastation to survivors; and
Whereas, The causes of suicide are complex and multifaceted, involving psychological, biological, and sociological factors; and
Whereas, Suicide is often the result of untreated mental illness, especially depressive illnesses, and research indicates that many suicides could have been prevented with immediate and appropriate intervention and treatment; and
Whereas, Suicide prevention opportunities continue to increase due to advances in clinical research pertaining to the diagnosis and effective treatment of mental illness, along with advances in neuroscience and in the development of community-based suicide prevention initiatives; and
Whereas, Much more can and must be done to reduce the stigma associated with seeking help for emotional or mental health problems or help for suicidal thoughts and behavior; and
Whereas, Research demonstrates that increased public awareness of warning signs of suicide and awareness of appropriate and effective intervention strategies would reduce suicide deaths; and
Whereas, Greater public consciousness of suicide as a major public health problem will help keep our citizens safe and healthy and is part of the greater efforts of the Michigan Legislature, which was personally touched by the suicide this year with the loss of State Representative John Kivela (D-Marquette) in whose name and honor this resolution is offered, to raise awareness of mental health issues and prevent suicides; now, therefore, be it
Resolved by the Senate, That the members of this legislative body declare September 2017, as Suicide Prevention Month; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Association of Community Mental Health Boards and mental health and suicide prevention advocates throughout the state of Michigan.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Ananich, Bieda, Booher, Colbeck, Conyers, Emmons, Gregory, Hansen, Hertel, Hildenbrand, Hood, Hopgood, Hune, Jones, Knezek, Knollenberg, Kowall, MacGregor, Marleau, Nofs, O’Brien, Pavlov, Proos, Robertson, Rocca, Schmidt, Schuitmaker, Shirkey, Stamas, Warren and Zorn were named co‑sponsors of the resolution.
Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
You know, this resolution is all well and good, but we have a bill sitting right now in the Committee on Government Operations that would have provided funding for suicide prevention programs that was vetoed by the Governor. If we’re serious about this, we should be voting on a veto override for that bill, not just passing some fluff resolution that goes off and says, “yeah, we want to make awareness.” Do something about it.
Senators Knollenberg and Horn entered the Senate Chamber.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:14 a.m.
11:37 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Brandenburg and Johnson entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that the Conference Committee be discharged from further consideration of the following bill:
Senate Bill No. 130, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2018; to provide for certain conditions on the appropriations; and to provide for the expenditure of the appropriations.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of Messages from the House.
Messages from the House
Senator Kowall moved that rule 3.311 be suspended to permit reconsideration of the vote by which the House substitute to the following bill was not concurred in:
Senate Bill No. 130, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2018; to provide for certain conditions on the appropriations; and to provide for the expenditure of the appropriations.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved to reconsider the vote by which the House substitute was not concurred in.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
Senator Kowall moved that the bill be referred to the Committee on Appropriations.
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 Conyers 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. 220, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 18 of chapter XVII (MCL 777.18), as amended by 2006 PA 553.
Senate Bill No. 551, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902, 1903, and 1907 (MCL 324.1902, 324.1903, and 324.1907), sections 1902 and 1907 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 72, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7413 (MCL 333.7413), as amended by 1988 PA 144.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 73, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7413 (MCL 333.7413), as amended by 1988 PA 144.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Resolutions
Senator Robertson offered the following resolution:
Senate Resolution No. 92.
A resolution to urge the Michigan Civil Service Commission to make certain changes to Michigan’s civil service structure.
Whereas, The Michigan Civil Service Commission is empowered by the Constitution of the State of Michigan of 1963 to regulate the conditions of employment in the classified service, and the Commission has broad authority to make changes to the rules governing civil service employees; and
Whereas, The Michigan Civil Service Commission is trusted with establishing and maintaining a professional workforce that is efficient and effective. To this end, the Commission’s efforts to attract high-quality employees to work for the state of Michigan and ensure all classified employees receive the same protections and benefits require rule updates; and
Whereas, The Commission has continuously updated its collective bargaining process. Two years after a 1978 constitutional amendment allowing binding arbitration for state troopers and sergeants, the Commission extended collective bargaining rights to other classified employees. Over the next 18 years, the Commission’s collective bargaining process evolved, including the development of items prohibited in collective bargaining agreements. In 1998, the Commission concurrently authorized rules that applied generally to the entire classified workforce and during a union contract’s term; now, therefore, be it
Resolved by the Senate, That we urge the Michigan Civil Service Commission to make the following changes to Michigan’s civil service structure:
• Include in the list of prohibited subjects of bargaining the employer’s right to assign staff, which would affect contractual provisions on bumping, transfers, recall, scheduling, overtime assignment, and seniority;
• End mandatory statewide recall lists while preserving agency recall lists;
• Include in the list of prohibited subjects of bargaining employer-paid union leave and adopt a new rule allowing each recognized union paid leave for one employee’s full-time absence;
• Include in the list of prohibited subjects of bargaining critical-position premium and performance pay;
• Standardize the process by which employees can authorize dues deductions;
• Reorganize and streamline the list of prohibited subjects of bargaining;
• Reinstate generally applicable rules that allow emergent situations to be promptly addressed; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and the members of the Michigan Civil Service Commission.
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.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The resolution was adopted, a majority of the members voting therefor, as follows:
Roll Call No. 339 Yeas—22
Booher Hansen Marleau Robertson
Brandenburg Hildenbrand Meekhof Schmidt
Casperson Hune O’Brien Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Green MacGregor
Nays—15
Ananich Hertel Johnson Rocca
Bieda Hood Jones Warren
Conyers Hopgood Knezek Zorn
Gregory Horn Nofs
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Protests
Senators Hertel, Bieda, Hopgood, Knezek, Warren, Gregory, Conyers, Johnson, Hood and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 92.
Senator Hertel moved that the statement he made during the discussion of the resolution be printed as his reasons for voting “no.”
The motion prevailed.
Senator Hertel’s statement, in which Senators Bieda, Hopgood, Knezek, Warren, Gregory, Conyers, Johnson, Hood and Ananich concurred, is as follows:
I rise to give my “no” vote explanation to this resolution—a resolution that would continue Michigan’s race to the bottom. We have a problem retaining quality employees, and one of the reasons is that they feel disrespected by the leaders of this state. But instead of addressing this problem, the proposed changes to this resolution severely limit the remaining collective bargaining rights of 35,000 civil servants in our state, and would eliminate their ability to negotiate a wide range of important job protections, including overtime, seniority, and grievances. This is just another attack on working men and women, and a completely unnecessary attack.
State Personnel Director Janine Winters, while discussing proposed changes to civil service rules, admits, “The current policy allows labor and management to negotiate over many topics of mutual interest,” proving that any concerns regarding the efficiencies and well-being of state employees could be discussed during contract negotiations. Current language in contracts creates work environments conducive to maximizing employee service to the public, and maintains a balance between public service and fairness and equity in the workplace.
This resolution further fails to value the years of experience and dedication of our corrections officers, engineers, bridge inspectors, nurses, social workers, and others who serve the people of Michigan. The Michigan Civil Service Commission was created to protect and defend the residents of our state from unfair and unnecessary laws that negatively impact hardworking Michigan families. It was also created to shield taxpayers and classified state employees from political partisanship, nepotism, and public corruption. Collective bargaining provides a civil forum for resolving disputes resulting in more efficient service and savings for the people of Michigan. Changing these rules would strip workers of collective bargaining rights that they deserve.
In a state where transparency and accountability rank at the bottom of the barrel, this resolution continues on the path of undue influence by this Legislature. Michigan’s working families need leaders who will have our backs and work together to build an economy that works for everyone. They don’t need more attempts to favor the powerful over every day working people.
I urge my colleagues to reject this resolution and stand up for the hardworking people of this state.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 510
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 510, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732 (MCL 257.732), as amended by 2015 PA 11.
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. 340 Yeas—37
Ananich Hansen Knezek Proos
Bieda Hertel Knollenberg Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Zorn
Gregory
Nays—0
Excused—1
Young
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 Colbeck, Kowall, Brandenburg, Casperson and Robertson introduced
Senate Joint Resolution M, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 37 of article IV and sections 18 and 19 of article V and adding section 2a to article V, to allow the legislature to disapprove certain rules, to provide requirements for appropriation bills, and to require certain disclosures of executive departments.
The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.
Senator Casperson introduced
Senate Bill No. 575, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 312c and 801 (MCL 257.312c and 257.801), amended by 2017 PA 115.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Casperson introduced
Senate Bill No. 576, entitled
A bill to amend 2012 PA 411, entitled “Rural development fund act,” by amending section 7 (MCL 286.947).
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Senator Casperson introduced
Senate Bill No. 577, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 15a.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Casperson, O’Brien and Schmidt introduced
Senate Bill No. 578, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 3 (MCL 205.703), as amended by 2008 PA 125, and by adding section 38.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Proos, Zorn, Hansen and Schmidt introduced
Senate Bill No. 579, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 233 (MCL 436.1233).
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
House Bill No. 4716, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess until 4:00 p.m.
The motion prevailed, the time being 11:57 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Kowall moved that consideration of the following bill be postponed for today:
Senate Bill No. 35
The motion prevailed.
Senate Bill No. 335, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 9, 11, 17, 24, 26, 33, 35, 44, 51, 54, and 55 (MCL 169.203, 169.204, 169.206, 169.209, 169.211, 169.217, 169.224, 169.226, 169.233, 169.235, 169.244, 169.251, 169.254, and 169.255), sections 3 and 11 as amended by 2012 PA 273, sections 4, 6, 9, 24, 33, 35, 54, and 55 as amended by 2015 PA 269, sections 17 and 51 as amended by 1989 PA 95, section 26 as amended by 2013 PA 252, and section 44 as amended by 1994 PA 411, and by adding sections 24b and 24c.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The President pro tempore, Senator Schuitmaker, resumed the Chair.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 336, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as amended by 2012 PA 274.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 4:14 p.m.
5:05 p.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
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 Assistant President pro tempore, Senator O’Brien, designated Senator Conyers as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
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.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Statements
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
I rise to acknowledge a date that’s very important in American history. This last Sunday, a date came and went that is rarely marked, except for on calendars. It’s a date that celebrates one of the most curious and important documents in American history—our United States Constitution, which celebrated its 230th anniversary on September 17.
It is curious that a piece of paper could inspire such loyalty and devotion. People have devoted their lives to studying it, advocating and litigating issues related to it, and sometimes—sometimes—even giving their own lives to protect it. Yet it’s worth asking: Have men and women merely fought for a piece of paper, or is our Constitution something more?
My friends, I’d like to point out something we often neglect to acknowledge in public life: the Constitution isn’t just the foundation of our laws, it’s also a manifesto. The Constitution is a statement about our values. Enshrined in it are ideas like freedom of speech, freedom of the press, freedom of religion, the right to a fair trial, the right to bear arms, the right to move from state to state without being stopped, and the right to protection from search and seizure. And it applies to everyone. No one—not even the President—is above it.
It is worth noticing that our Constitution has grown in size alongside our own moral progress as Americans. We have amendments that ban slavery, enshrine equal protection under the law, and we guarantee each child born in America the birthright of citizenship regardless of their race or parents’ national origin. These are also moral statements, not merely legal ones.
It’s easy to think that these are universal human values, but that is not the case. In places like China, harmony is preferred over the right to heckle politicians. In England, a person’s honor is a serious thing and libel laws protect the gentleman and the lady more than they do the rights of those who wish to speak their mind.
The truth is that the United States Constitution is a statement on American values, and those values are what attract people to this country. Indeed, we are a unique country in history: we are not a nation of a people but a nation of values shared by people.
My friends, I consider myself blessed to be an American, but I consider myself twice blessed that as Americans, we have our Constitution. Perhaps, in the rancor of our time, it is easy to forget that these are our shared values, and that they are values shared in spite of differences like race, culture, language, religion, and even politics.
My sincerest hope and prayer is that today, we can look upon those shared values and say, with dignity and grace, that our Constitution is still, and with our effort and diligence will forever be, the greatest founding document for a government for, by, and of the people.
Protests
Senators Warren, Hertel, Hood, Johnson and Knezek, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 85.
Senator Warren’s statement, in which Senators Hertel, Hood, Johnson and Knezek concurred, is as follows:
I rise to give my “no” vote explanation on Senate Resolution No. 85, which passed this chamber on our last session day. Everyone here is likely familiar with the old cliché about how public policy and sausages are on the list of things nobody really wants to watch being made. I have to say I disagree. Throughout my career, the legislation that I have worked on has only been made better by the input of my constituents and learned stakeholders from around our state and beyond. Which is why I’m so troubled by Senate Resolution No. 85, which this chamber adopted last Thursday.
As you may remember, Senate Resolution No. 85 expressed this body’s confidence that a proposed mine near Menominee meets federal and state requirements to protect the environment, natural resources, and our public health. This resolution was added to the agenda for the Natural Resources Committee at 2:51 p.m. on Tuesday, September 12. That was only 21 hours and 49 minutes before the hearing began. What I learned in that short window of time was that there are serious concerns about this mine, the proposed site of which is only 150 feet from the source of the Menominee River.
There are concerns about how the chemicals from the mine could pollute that water. Many of the neighbors have lived on their property for generations and are concerned about the ways that they would be impacted by mine construction and operations. It’s not clear that the mine is ultimately going to have a long-term positive economic impact. In fact, the company behind the mine has said in one of its prospectuses that it intends to bring in Canadian workers to staff-up the mine once it’s up and running.
These are important and legitimate concerns and they’re exactly the kind of topics that should have been aired at a legislative hearing. But when the legislative hearing occurred, there was no one to testify. And why is that? Because I got a lot of e-mails—over 100 e-mails, phone calls, and contacts from people who wanted to testify but were unable, because according to Google Maps, the fastest possible route between Menominee and Lansing is 6 hours and 49 minutes. That means a person who wanted to testify at the hearing only had 15 hours to make arrangements to miss work, to have someone care for their kids or their pets, and then to make the trip. It’s simply too much to ask. And then this chamber fast-gaveled that resolution and passed it on the Senate floor the very next day.
I believe that as legislators we should be working to protect our state’s precious natural resources. I would have had very serious concerns about this mine no matter what legislative process occurred with the resolution, but I also object to the idea that we did not offer a reasonable opportunity for people most directly affected by this mine to share their concerns with us directly.
Announcements of Printing and Enrollment
The Secretary announced that the following House bill was received in the Senate and filed on Thursday, September 14:
House Bill No. 4716
The Secretary announced that the following bills were printed and filed on Thursday, September 14, and are available at the Michigan Legislature website:
Senate Bill Nos. 570 571 572 573 574
House Bill Nos. 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 4967 4968 4969
Committee Reports
The Committee on Energy and Technology reported
House Bill No. 4508, entitled
A bill to create a program under which volunteers may provide services to organizations in this state to respond to cybersecurity incidents; to provide for protection from liability for personal injury and property damage; to provide for the powers and duties of state governmental officers and agencies; and to create the Michigan cyber civilian corps advisory board and prescribe its powers and duties.
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.
Michael L. Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Horn, Hune, Zorn, Hopgood, Knezek and Conyers
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Energy and Technology reported
House Bill No. 4654, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 733 (MCL 339.5733).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael L. Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Horn, Hune, Zorn, Hopgood, Knezek and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Energy and Technology reported
House Bill No. 4655, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 28a (MCL 125.1528a), as added by 2013 PA 70.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael L. Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Horn, Hune, Zorn, Hopgood, Knezek and Conyers
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Thursday, September 14, 2017, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Nofs (C), Proos, Horn, Hune, Zorn, Hopgood, Knezek and Conyers
Excused: Senators Schuitmaker and Shirkey
Scheduled Meetings
Appropriations - Wednesday, September 20, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)
Subcommittee -
K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesdays, October 4, 8:00 a.m., Rooms 402 and 403, Capitol Building (CANCELED); October 11, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Commerce - Wednesday, September 20, 8:30 a.m., Room 1200, Binsfeld Office Building (373-5312)
Families, Seniors and Human Services - Wednesday, September 20, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5314)
Legislative Council - Wednesday, September 27, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Natural Resources - Wednesday, September 20, 12:30 p.m., Room 1300, Binsfeld Office Building (373-5312)
Regulatory Reform - Wednesday, September 20, 1:00 p.m., Room 1100, Binsfeld Office Building (373-5323)
Senate Fiscal Agency Board of Governors - Wednesday, September 20, 10:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Transportation and House Transportation and Infrastructure Committee - Thursday, September 28, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 5:16 p.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, September 20, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
1400 JOURNAL OF THE SENATE [September 19, 2017] [No. 72
No. 72] [September 19, 2017] JOURNAL OF THE SENATE 1401
1402 JOURNAL OF THE SENATE [September 19, 2017] [No. 72
No. 72] [September 19, 2017] JOURNAL OF THE SENATE 1403
1404 JOURNAL OF THE SENATE [September 19, 2017] [No. 72
No. 72] [September 19, 2017] JOURNAL OF THE SENATE 1405
1406 JOURNAL OF THE SENATE [September 19, 2017] [No. 72
No. 72] [September 19, 2017] JOURNAL OF THE SENATE 1407
1408 JOURNAL OF THE SENATE [September 19, 2017] [No. 72
No. 72] [September 19, 2017] JOURNAL OF THE SENATE 1409
1410 JOURNAL OF THE SENATE [September 19, 2017] [No. 72