No. 11

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2015

Senate Chamber, Lansing, Tuesday, February 10, 2015.

10:00 a.m.

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

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

Ananich—present Hopgood—present Pavlov—present

Bieda—present Horn—present Proos—present

Booher—present Hune—present Robertson—present

Brandenburg—present Johnson—present Rocca—present

Casperson—present Jones—present Schmidt—present

Colbeck—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Smith—present

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—present

Hildenbrand—present Nofs—present Zorn—present

Hood—present O’Brien—present

Pastor Kevin Earley of Metropolitan Church of God of Detroit offered the following invocation:

Our Father and God, Creator of all, we give You the glory and honor You are due. Lord, we are grateful for the legislators and leaders who serve this great state of Michigan. By Your Spirit, may You give them wisdom and knowledge from on high, empowering them to excel even beyond their experience and education. I pray that You will inspire the women and men of this Senate to make decisions that are just and beneficial for all. I pray Your blessing upon this house, as well as their individual homes.

Gracious God, I ask that You will strengthen and prosper the people of this state from north to south and east to west; those who call on You and those who do not. Far from division, may their differences and diversity lead to a better land, a better today, and a better tomorrow.

May we grasp how deep, wide, and long the love is that You have for us. In Your Son’s name, I pray. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Kowall moved that Senator Green 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.

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, February 5:

House Bill No. 4078

The Secretary announced that the following joint resolution was printed and filed on Wednesday, February 4, and is available at the Michigan Legislature website:

House Joint Resolution G

The Secretary announced that the following bills were printed and filed on Thursday, February 5, and are available at the Michigan Legislature website:

Senate Bill Nos. 81 82 83 84

House Bill Nos. 4137 4138 4139

The Secretary announced that the following bills were printed and filed on Friday, February 6, and are available at the Michigan Legislature website:

House Bill Nos. 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153

4154 4155 4156 4157 4158 4159 4160 4161

Messages from the Governor

Senator Young entered the Senate Chamber.

The following message from the Governor was received on February 9, 2015, and read:

EXECUTIVE ORDER

No. 2015-4

Creation of the

Department of Health and Human Services,

Michigan Children’s Services Agency,

Aging and Adult Services Agency,

and the Health and Human Services Office of Inspector General

Department of Human Services

Department of Community Health

Department of Licensing and Regulatory Affairs

Executive Reorganization

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

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

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

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

WHEREAS, the protection and strengthening of Michigan’s families can be more effectively and efficiently assured by the alignment of family and health related services and administrative functions in state government;

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

I. DEFINITIONS

As used in this Order:

A. “Department of Health and Human Services” means the principal department of state government created under Section II of this Order.

B. “Department of Human Services” means the principal department of state government created as the Department of Social Services under Section 450 of the Executive Reorganization Act of 1965, 1965 PA 380, MCL 16.550, renamed the Family Independence Agency under 1995 PA 223, MCL 400.1, and renamed the Department of Human Services under Executive Order 2004-38.

C. “Department of Community Health” means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Reorganization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the Department of Community Health under Executive Order 1996-1, MCL 330.3101.

D. “Department of Licensing and Regulatory Affairs” means the principal department of state government created as the Department of Commerce under Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, renamed the Department of Consumer and Industry Services under Executive Order 1996-2, MCL 445.2001, renamed the Department of Labor and Economic Growth under Executive Order 2003-18, MCL 445.2011, renamed the Department of Energy, Labor and Economic Growth under Executive Order 2008-20, MCL 445.2025, and renamed the Department of Licensing and Regulatory Affairs under Executive Order 2011-4, MCL 445.2030.

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

II. CREATION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

A. The Department of Health and Human Services (“Department”) is created as a principal department in the executive branch of state government. The Department shall develop, administer, and coordinate health and family security initiatives and programs in this state.

B. The Department shall be headed by a Director of the Department of Health and Human Services who shall be appointed by the Governor, with the advice and consent of the Michigan Senate, commencing on the effective date of this Order. The individual appointed as the Director shall serve as a member of the Governor’s Cabinet.

C. The Director of the Department shall provide executive direction and supervision for the implementation of all transfers of authority to the Department of Health and Human Services made under this Order.

D. The Director of the Department shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

E. The Director of the Department and the directors of all other state departments and agencies having authority transferred to the Department of Health and Human Services under this Order shall immediately initiate coordination to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.

F. All records, property, and unexpended balances of appropriations, allocations, or other funds used, held, employed, available to be made for activities, powers, duties, functions, and responsibilities transferred to the Department of Health and Human Services under this Order are hereby transferred to the Department of Health and Human Services.

G. The Director of the Department of Health and Human Services may delegate a duty or power conferred by law or this Order and the person to whom such duty or power is delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of Health and Human Services.

H. All rules, orders, contracts, and agreements related to the functions transferred to the Department of Health and Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded.

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

III. TRANSFERS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

A. Except as otherwise provided in Section XIII of this Order, all the authority, powers, duties, functions, responsibilities, personnel, equipment, property, and budgetary resources of the Department of Human Services are transferred to the Department of Health and Human Services.

B. Except as otherwise provided in Section XIII of this Order, all the authority, powers, duties, functions, responsibilities, rulemaking authority, appointment authority, personnel, equipment, and budgetary resources of the Director of the Department of Human Services are transferred to the Director of the Department of Health and Human Services.

C. All the authority, powers, duties, functions, responsibilities, personnel, equipment, property, and budgetary resources of the Department of Community Health are transferred to the Department of Health and Human Services.

D. All the authority, powers, duties, functions, responsibilities, rulemaking authority, appointment authority, personnel, equipment, and budgetary resources of the Director of the Department of Community Health are transferred to the Director of the Department of Health and Human Services.

E. Except as otherwise provided in Section XIII of this Order, after the effective date of this Order, statutory and legal references to the Department of Human Services, the Department of Community Health, or all predecessor departments, shall be deemed references to the Department of Health and Human Services.

F. Except for functions and responsibilities transferred under Section XIII of this Order, any and all references to the Director of the Department of Community Health or the Director of the Department of Human Services shall be deemed to be references to the Director of the Department of Health and Human Services.

IV. CREATION OF THE MICHIGAN CHILDREN’S SERVICES AGENCY

A. The Michigan Children’s Services Agency is created within the Department. The Michigan Children’s Services Agency shall exercise the powers duties, functions, and responsibilities vested in the Michigan Children’s Services Agency under this Order or assigned to the Children’s Services Agency by the Director of the Department under the direction and supervision of the Director of the Department.

B. The chief officer of the Michigan Children’s Services Agency shall be an Executive Director.

C. In addition to any other powers, duties, functions and responsibilities placed in the Michigan Children’s Services Agency by the Director of the Department of Health and Human Services, the Michigan Children’s Services Agency shall exercise all of the following powers, duties, functions, and responsibilities:

i. Review, investigate, evaluate, and assess all programs within the Department related to services and programs for children.

ii. Analyze and make recommendations to the Director of the Department on existing and proposed children’s services and programs including, but not limited to, services for foster children, juvenile justice, and homeless youth.

iii. Provide information and assistance relating to children’s services and programs to the Director of the Department and the Governor, both directly and by functioning as a clearinghouse for information related to children’s services and programs received from other programs within the Department, other states, the federal government, and private sector partners.

iv. Serve as the liaison to state departments and agencies with respect to children’s services and programs.

V. CREATION OF THE AGING AND ADULT SERVICES AGENCY

A. The Aging and Adult Services Agency is created within the Department. The Aging and Adult Services Agency shall exercise the powers, duties, functions, and responsibilities vested in the Aging and Adult Services Agency under this Order or assigned to the Aging and Adult Services Agency by the Director of the Department under the direction and supervision of the Director of the Department.

B. The chief officer of the Aging and Adult Services Agency shall be an Executive Director.

C. The Commission on Services to the Aging, created by Section 3 of 1981 PA 180, MCL 400.583, is transferred from the Department of Community Health to the Aging and Adult Services Agency.

D. All authority, powers, duties, functions, and responsibilities of the Office of Services to the Aging, created by the Older Michiganians Act, 1981 PA 180, MCL 400.581, are transferred from the Office of Services to the Aging within the Department of Community Health to the Aging and Adult Services Agency.

E. All authority, powers, duties, functions, and responsibilities vested in the position of the Director of the Office of Services to the Aging are transferred to the Executive Director of the Aging and Adult Services Agency, or his or her designee.

F. The position of Director of the Office of Services to the Aging, created by Section 5 of 1981 PA 180, MCL 400.585, is abolished.

G. The Office of Services to the Aging, created by Section 5 of 1981 PA 180, MCL 400.585, is abolished.

VI. AUTISM COUNCIL

A. The Autism Council, created by Executive Order 2012-11, is transferred from the Department of Community Health to the Michigan Department of Health and Human Services.

B. The membership of the Autism Council, defined by Section II. B. of Executive Order 2012-11, is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services for the Director of the Department of Community Health.

VII. STATE CHILD ABUSE AND NEGLECT PREVENTION BOARD

A. The State Child Abuse and Neglect Prevention Board, created by 1982 PA 250, MCL 722.601 et seq. and transferred from the Department of Management and Budget to the Department of Human Services through Executive Reorganization Order 1992-5 is transferred from the Department of Human Services to the Department of Health and Human Services.

B. The membership of the State Child Abuse and Neglect Prevention Board, defined by Section 4 of the Child Abuse and Neglect Prevention Act, 1982 PA 250, MCL 722.604(1)(a), is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health.

VIII. INTERAGENCY COORDINATING COUNCIL FOR INFANTS AND TODDLERS WITH DEVELOPMENTAL DISABILITIES

The membership of the Interagency Coordinating Council for Infants and Toddlers with Developmental Disabilities, defined by Section II. D. of Executive Order 2007-43, is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health.

IX. MICHIGAN INTERAGENCY COUNCIL ON HOMELESSNESS

The membership of the Michigan Interagency Council on Homelessness, defined by Section I. C. of Executive Order 2015-2, is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health.

X. HEALTH INSURANCE REFORM COORDINATING COUNCIL

The Health Insurance Reform Coordinating Council, created by Executive Order 2010-4, is abolished.

XI. HUMAN TRAFFICKING HEALTH ADVISORY BOARD

A. The Human Trafficking Health Advisory Board, created by 2014 PA 461, MCL 752.993 et seq. is transferred from the Department of Community Health to the Department of Health and Human Services.

B. The membership of the Human Trafficking Health Advisory Board, created by 2014 PA 461, MCL 752.993 et seq., is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health.

XII. CREATION OF THE HEALTH AND HUMAN SERVICES OFFICE OF INSPECTOR GENERAL

A. The Office of Inspector General (“Office”) is created as an independent and autonomous entity within the Michigan Department of Health and Human Services.

B. The Office shall be headed by the Inspector General, who shall be a member of the classified state civil service. The appointing authority for the Inspector General shall be the Director of the Michigan Department of Health and Human Services.

C. The Office of Inspector General shall conduct and supervise activities to prevent, detect, and investigate fraud, waste, and abuse in Health and Human Services programs, as well as those programs in the Michigan Children’s Services Agency and the Aging and Adult Services Agency.

D. All authority, powers, duties, functions, and responsibilities of the Office of Inspector General, created by Section 43b of 2002 PA 573, MCL 400.43b, including but not limited to any authority, powers, duties, functions, and responsibilities of the Office of Inspector General under the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, are transferred from the Department of Human Services to the Michigan Department of Health and Human Services Office of Inspector General.

E. All authority, powers, duties, functions, and responsibilities of the Office of Health Services Inspector General, created by Executive Order 2010-1, including but not limited to any authority, powers, duties, functions, and responsibilities of the Office of Inspector General under the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, are transferred from the Michigan Department of Community Health to the Michigan Department of Health and Human Services Office of Inspector General.

F. The position of Inspector General, created by Section 43b of 2002 PA 573, MCL 400.43b, is abolished.

G. The position of Health Services Inspector General, created by Executive Order 2010-1, is abolished.

XIII. TRANSFERS TO THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

A. Office of Child and Adult Licensing

All authority, powers, duties, functions, and responsibilities of the Office of Child and Adult Licensing, created in Section VII of Executive Order 2003-14, are transferred from the Department of Human Services to the Department of Licensing and Regulatory Affairs, including but not limited to all of the following:

i. Any authority, powers, duties, functions, and responsibilities of adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation under the Adult Foster Care Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, and 1974 PA 381, MCL 338.41 to 338.47.

ii. Any authority, powers, duties, functions, and responsibilities of children’s camp, child care center, day care center, family day care home, and group day care home licensing and regulation under 1973 PA 116, MCL 722.111 to 722.128, the Adult Foster Care Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, and the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122.

iii. Any authority, powers, duties, functions, and responsibilities of licensing and regulation of homes for the aged under Article 17 of the Public Health Code, 1978 PA 368, MCL 333.20101 to 333.22260, and the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122.

B. Adult Foster Care Licensing Advisory Council

The Adult Foster Care Licensing Advisory Council and all of the authority, powers, duties, functions, and responsibilities of the Adult Foster Care Licensing Advisory Council under the Adult Foster Care Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, and the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, are transferred from the Department of Human Services and the Director of the Department of Human Services to the Director of the Department of Licensing and Regulatory Affairs.

C. Implementation of Transfers

i. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Human Services for the activities, powers, duties, functions, and responsibilities transferred by Section XII of this Order are transferred to the Department of Licensing and Regulatory Affairs.

ii. The Director of the Department of Licensing and Regulatory Affairs, after consultation with the Director of the Department of Human Services, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Licensing and Regulatory Affairs.

iii. The directors of the departments shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Licensing and Regulatory Affairs.

XIV. IMPLEMENTATION

A. The Department of Human Services and the Department of Community Health are abolished.

B. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.

C. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order.

D. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded.

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

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

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 6th day of February, in the Year of our Lord Two Thousand Fifteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

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

The following messages from the Governor were received and read:

January 29, 2015

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

Board of State Canvassers

Norman D. Shinkle of 2683 Donna Drive, Williamston, Michigan 48895, county of Ingham, a Republican, succeeding himself, is reappointed for a term expiring January 31, 2019.

Julie Matuzak of 84 Lodewyck Street, Mount Clemens, Michigan 48043, county of Macomb, a Democrat, succeeding herself, is reappointed for a term expiring January 31, 2019.

February 2, 2015

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

Michigan Board of Osteopathic Medicine and Surgery

Kathleen L. Kudray of 1225 North Morrish Road, Flint, Michigan 48532, county of Genesee, representing physicians, succeeding William Cunningham, is appointed for a term expiring December 31, 2018.

Jennifer Cory Behler of 1915 Lakeside Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing physicians, succeeding Dennis Dobritt, is appointed for a term expiring December 31, 2018.

February 3, 2015

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

Hispanic/Latino Commission of Michigan

Juan Marinez of 4400 Apache Drive, Okemos, Michigan 48864, county of Ingham, succeeding Carlos Alvarado, is appointed for a term expiring December 10, 2017.

Jesse E. Venegas of 318 North Altadena Drive, Royal Oak, Michigan 48067, county of Oakland, succeeding himself, is reappointed for a term expiring December 10, 2017.

JoAnn Chavez of 6499 Warren Road, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding herself, is reappointed for a term expiring December 10, 2017.

Osvaldo Rivera of 7361 Patton Street, Detroit, Michigan 48228, county of Wayne, succeeding himself, is reappointed for a term expiring December 10, 2017.

February 3, 2015

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

Hispanic/Latino Commission of Michigan

Martha Gonzalez-Cortes of 6026 Kalamazoo Avenue, S.E., Box 151, Kentwood, Michigan 49508, county of Kent, succeeding Julia Guevara, is appointed for a term expiring December 10, 2017.

February 4, 2015

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

Michigan Domestic and Sexual Violence Prevention and Treatment Board

Jacqueline A. Schafer of 4650 Cypress Trail Court, S.E., Grand Rapids, Michigan 49546, county of Kent, succeeding Kathryn Hoover, is appointed for a term expiring December 4, 2017.

February 5, 2015

Please be advised of the following appointment to office:

Early Childhood Investment Corporation

Jason A. Gold of 42974 Pond Bluff Drive, Belleville, Michigan 48111, county of Washtenaw, succeeding Jeanne Englehart, is appointed for a term expiring July 22, 2015.

February 5, 2015

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

Michigan Statewide Independent Living Council

Sara Grivetti of 3939 E. Old Pine Trail, Midland, Michigan 48642, county of Midland, representing individuals with disabilities, succeeding herself, is reappointed for a term expiring December 31, 2017.

Rebecca A. Parten of 25316 Fairway Drive, Dearborn, Michigan 48124, county of Wayne, representing advocates of and for individuals with disabilities, succeeding herself, is reappointed for a term expiring December 31, 2017.

Robin L. Bennett of 2105 N. Sheldon Road, Apt. 202, Canton, Michigan 48187, county of Wayne, representing individuals with disabilities, succeeding herself, is reappointed for a term expiring December 31, 2017.

Wanda Y. Travis of 29680 Marshall Drive, Unit 69, Westland, Michigan 48186, county of Wayne, representing individuals with disabilities, succeeding Constance Lou Kiggins, is appointed for a term expiring December 31, 2017.

Diana L. Maddox of 1122 Cawood Street, Lansing, Michigan 48915, county of Ingham, representing advocates of and for individuals with disabilities, succeeding Kenneth Browde, is appointed for a term expiring December 31, 2017.

February 5, 2015

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

Michigan Iron Industry Museum Advisory Board

Candy C. Kozeluh of 913 Wilson Street, Marquette, Michigan 49588, county of Marquette, representing the city of Marquette, succeeding Carol L. Fulsher, is appointed for a term expiring October 4, 2018.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

Recess

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

The motion prevailed, the time being 10:06 a.m.

10:45 a.m.

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

During the recess, Senator Green entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senate Resolution No. 7.

A resolution to support scientifically-based state management of gray wolves and to call for legislative action by the U.S. Congress and an appeal by the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources in an effort to remove the Western Great Lakes gray wolf population from the endangered and threatened species list.

The question being on the adoption of the resolution,

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. 8 Yeas—26

Booher Hildenbrand Marleau Robertson

Brandenburg Horn Meekhof Schmidt

Casperson Hune Nofs Schuitmaker

Colbeck Jones O’Brien Shirkey

Emmons Knollenberg Pavlov Stamas

Green Kowall Proos Zorn

Hansen MacGregor

Nays—12

Ananich Hertel Johnson Smith

Bieda Hood Knezek Warren

Gregory Hopgood Rocca Young

Excused—0

Not Voting—0

In The Chair: President

Introduction and Referral of Bills

Senator Hildenbrand introduced

Senate Bill No. 85, entitled

A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104).

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

Senators Brandenburg, Zorn, Schmidt, Casperson and Nofs introduced

Senate Bill No. 86, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297.

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

Senator Colbeck introduced

Senate Bill No. 87, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 520, and 522 (MCL 206.30, 206.520, and 206.522), section 30 as amended by 2012 PA 597, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206.

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

Senators Warren, Hertel, Ananich, Bieda and Gregory introduced

Senate Bill No. 88, entitled

A bill to enter into the interstate compact to elect the president by national popular vote; and for related purposes.

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

Senators Warren, Hertel, Ananich, Bieda and Gregory introduced

Senate Bill No. 89, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

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

Senators Jones, Hood, Zorn, Nofs, Marleau, Gregory, Schuitmaker, Bieda, Rocca, Smith, Hertel and Ananich introduced

Senate Bill No. 90, entitled

A bill to create an African-American affairs commission, an office of African-American affairs, and an interagency council on African-American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials.

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

Senator Booher introduced

Senate Bill No. 91, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811dd.

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

Senators Schuitmaker, Nofs and O’Brien introduced

Senate Bill No. 92, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, and 9c as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts.

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

Senators Schuitmaker, Nofs and O’Brien introduced

Senate Bill No. 93, entitled

A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10.

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

Senators Schuitmaker, Nofs and O’Brien introduced

Senate Bill No. 94, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223.

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

Senators O’Brien, Nofs and Schuitmaker introduced

Senate Bill No. 95, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545.

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

Senators O’Brien, Nofs and Schuitmaker introduced

Senate Bill No. 96, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479.

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

Senator Shirkey introduced

Senate Bill No. 97, 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 bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4078, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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

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

Committee Reports

The Committee on Elections and Government Reform reported

Senate Bill No. 44, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163.

With the recommendation that the bill pass.

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

David B. Robertson

Chairperson

To Report Out:

Yeas: Senators Robertson, Colbeck, Emmons and Shirkey

Nays: Senator Hood

The bill was referred to the Committee of the Whole.

The Committee on Elections and Government Reform reported

Senate Bill No. 45, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.

With the recommendation that the bill pass.

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

David B. Robertson

Chairperson

To Report Out:

Yeas: Senators Robertson, Colbeck, Emmons and Shirkey

Nays: Senator Hood

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Elections and Government Reform submitted the following:

Meeting held on Thursday, February 5, 2015, at 9:00 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood

The Committee on Transportation reported

Senate Bill No. 42, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a.

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 Marleau

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, February 5, 2015, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Horn, Pavlov and Marleau

Excused: Senator Hopgood

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Thursday, February 5, 2015, at 1:30 p.m., Room 210, Farnum Building

Present: Senators Horn (C), Schmidt, Stamas, Emmons, Smith and Bieda

Excused: Senator Brandenburg

Scheduled Meetings

Appropriations and House Appropriations - Wednesday, February 11, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)

Subcommittees -

Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

General Government - Thursdays, February 19, 9:15 a.m., February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768)

Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Tuesday, February 24, 11:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids (373-2768)

Human Services - Thursday, February 12, 2:00 p.m., Room 100, Farnum Building (373-2768)

Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

K-12, School Aid, Education - Wednesdays, February 18, 8:30 a.m., Room 405, Capitol Building; February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs - Wednesday, February 18, 8:30 a.m., Room 110, Farnum Building (373-2768)

State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Thursdays, February 19, February 26, March 12, March 19, and March 26, 8:30 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Economic Development - Thursday, February 12, 1:30 p.m., Room 210, Farnum Building (373-5312)

Transportation - Thursday, February 12, 8:30 a.m., Room 210, Farnum Building (373-5323)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 11:03 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 11, 2015, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

116 JOURNAL OF THE SENATE [February 10, 2015] [No. 11

No. 11] [February 10, 2015] JOURNAL OF THE SENATE 117

118 JOURNAL OF THE SENATE [February 10, 2015] [No. 11

No. 11] [February 10, 2015] JOURNAL OF THE SENATE 119

120 JOURNAL OF THE SENATE [February 10, 2015] [No. 11

No. 11] [February 10, 2015] JOURNAL OF THE SENATE 121

122 JOURNAL OF THE SENATE [February 10, 2015] [No. 11

No. 11] [February 10, 2015] JOURNAL OF THE SENATE 123

124 JOURNAL OF THE SENATE [February 10, 2015] [No. 11

No. 11] [February 10, 2015] JOURNAL OF THE SENATE 125

126 JOURNAL OF THE SENATE [February 10, 2015] [No. 11