No. 61

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Tuesday, September 6, 2016.

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 O’Brien—present

Bieda—present Horn—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Johnson—excused Robertson—present

Casperson—present Jones—present Rocca—excused

Colbeck—present Knezek—present Schmidt—present

Emmons—present Knollenberg—present Schuitmaker—present

Green—present Kowall—present Shirkey—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

Pastor Nate Elarton of Compelled Church of Temperance offered the following invocation:

Lord God, we thank You today for each one of these public servants, for everybody in this Chamber, and our Senators and staff. God, I pray that You would help them as they go over all the business and all the legislation of our great state. God, we know that You honor those who honor You; I pray, Lord, that in everything they do they would strive for understanding and for unity. Give them wisdom and discernment, I pray—even supernaturally—at times for the best of our state. I pray You would bless them as they strengthen our economy, look out for our schools, our cities, our villages, our towns, our families—most importantly God—and our churches. I pray Lord God, they would feel refreshed as they come back from break and as they get back to the business here. Lord, help them and empower them in great ways.

In the awesome name of Jesus, 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 Senators Casperson and Jones be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senators Jones and Casperson 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 10:04 a.m.

11:45 a.m.

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

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

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 997

Senate Bill No. 998

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

The following communications were received and read:

Office of the Senate Majority Leader

June 14, 2016

Pursuant to MCL 125.2029c, I appoint the following person to the Michigan Film Office Advisory Council:

Sanford Nelson, SLAM Productions

June 14, 2016

Pursuant to MCL 390.1430, I appoint the following person to the Michigan Education Trust (MET) Board:

Michael Flynn, Treasurer of Shelby Township

June 14, 2016

Pursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Muskegon County Promise Zone Authority Board:

Christopher Dean, Fire Chief Muskegon Heights Fire Department

June 14, 2016

Pursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Newaygo County Promise Zone Authority Board:

Dr. Lori Tubergen Clark, Superintendent Newaygo County RESA

June 14, 2016

Pursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Saginaw Promise Zone Authority Board:

Debbie Vasquez, Saginaw County Community Mental Health Authority

July 25, 2016

Pursuant to MCL 390.1665, I appoint the following person to the Battle Creek Promise Zone Authority Board:

Kara E. Beer - President, Battle Creek Area Chamber of Commerce

August 16, 2016

Pursuant to MCL 125.2029c, I appoint the following people to the Michigan Film Office Advisory Council:

Sanford Nelson, SLAM Productions

Amber Vrooman, Michigan Senate

Kelly Thomas, Michigan Senate

August 23, 2016

I respectfully request you hold a hearing on Rachael Eubanks’ appointment to the Michigan Public Service Commission 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.

August 24, 2016

I respectfully request you hold a hearing on Heidi Grether’s appointment as Director of the Michigan Department of Environmental Quality 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.

August 30, 2016

Pursuant to MCL 125.2007b, I appoint the following people to the Port Authority Advisory Committee:

Kyle Burleson, Deputy Director-Wayne County Port Authority

Connor Spalding, Michigan Senate

Kelly Thomas, Michigan Senate

Sincerely,

Arlan Meekhof

30th Senate District

Senate Majority Leader

The communications were referred to the Secretary for record.

The following communication was received and read:

Michigan Senate

June 27, 2016

Pursuant to MCL 205.813, I appoint the following person to the Streamlined Sales and Use Tax Administration Board:

David Zin, Senate Fiscal Agency

Sincerely,

Arlan Meekhof

Senate Majority Leader

District 30

Jim Ananich

Senate Minority Leader

District 27

The communication was referred to the Secretary for record.

The following communications were received and read:

Michigan Legislature

July 13, 2016

Pursuant to MCL 600.1082, Senate Majority Leader Meekhof and I are making the following appointments to the State Drug Treatment Court Advisory Committee:

• Hon. Geno Salomone of Taylor, a judge for the circuit or district court who has presided at least two years over an alcohol treatment court, for a term ending June 13, 2017.

• Heidi Cannon of Adrian, a probation officer who has worked at least two years for a drug or alcohol treatment court, for a term ending August 4, 2019.

• Sheriff Michael Main of Isabella County, representing law enforcement in a jurisdiction that has had a drug or alcohol treatment court, for a term ending July 18, 2020.

And the following reappointments to the State Drug Treatment Court Advisory Committee:

• Andrew Konwiak, representing drug treatment court providers who have worked at least two years for a drug or alcohol treatment court, for a term ending July 19, 2020.

• Douglas R. Lloyd, representing prosecuting attorneys who have worked at least two years with a drug or alcohol treatment court, for a term ending September 18, 2020.

• Stacy Salon, representing adult graduates of an adult drug treatment court program, for a term ending September 3, 2020.

• Mark Risk, representing defense attorneys who have worked at least two years with a drug or alcohol treatment court, for a term ending September 3, 2020.

• Gary P. Secor, representing court administrators who have worked at least two years with a drug or alcohol treatment center, for a term ending September 3, 2020.

July 28, 2016

Pursuant to MCL 3.1012, Senate Majority Leader Meekhof and I are appointing Rep. Klint Kesto to the Michigan State Council for Interstate Adult Offender Supervision.

Sincerely,

Kevin Cotter

Speaker of the House

99th District

Arlan B. Meekhof

Senate Majority Leader

30th District

The communications were referred to the Secretary for record.

The following communication was received and read:

Michigan Legislature

July 28, 2016

Pursuant to Executive Order 2013-5, the Speaker of the House and I appoint the following person to the Michigan State Council for Interstate Juvenile Supervision:

Margaret O’Brien - State Senator, Michigan Senate

Sincerely,

Arlan Meekhof

Senate Majority Leader

30th District

Kevin Cotter

Speaker of the House

99th District

The communication was referred to the Secretary for record.

The following communications were received and read:

Office of the Auditor General

June 9, 2016

Enclosed is a copy of the following audit report:

• Performance audit of the Child Care Fund, Michigan Department of Health and Human Services.

June 10, 2016

Enclosed is a copy of the following audit report:

• Performance audit report on State Public Universities’ Reporting of Selected Higher Education Institutional Data Inventory (HEIDI) Data, State Budget Office.

June 24, 2016

Enclosed is a copy of the following audit report:

• State of Michigan Single Audit Report Fiscal Year Ended September 30, 2015.

June 24, 2016

Enclosed is a copy of the following performance audit report:

• Clarety, Office of Retirement Services, Department of Technology, Management, and Budget.

July 27, 2016

Enclosed is a copy of the following follow-up report on the performance audit:

• Monitoring of Warranties and Road and Bridge Construction Projects, Michigan Department of Transportation.

July 29, 2016

Enclosed is a copy of the following performance audit:

• Flint Emergency Expenditures, State of Michigan.

August 4, 2016

Enclosed is a copy of the following performance audit:

• Commercial Forest Program and Forest Development Fund, Department of Natural Resources.

August 24, 2016

Enclosed is a copy of the following performance audit:

• D.J. Jacobetti Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs.

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

June 8, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-031-AC (Secretary of State Filing #16-06-01) on this date at 3:19 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 619. Fruit Tree Scionwood, Understock, and Nursery Stock.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

June 8, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-080-LR (Secretary of State Filing #16-06-02) on this date at 3:19 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 21. Guarding of Walking and Working Areas.”

June 14, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-024-EQ (Secretary of State Filing #16-06-03) on this date at 3:15 p.m. for the Department of Environmental Quality entitled, “Part 4. Emission Limitations and Prohibitions - Sulfur-Bearing Compounds.”

August 10, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-002-EQ (Secretary of State Filing #16-08-01) on this date at 3:55 p.m. for the Department of Environmental Quality entitled, “Resource Recovery Commission.”

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 these sections become effective 7 days after filing with the Secretary of State.

August 10, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-064-LR (Secretary of State Filing #16-08-02) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 21. Powered Industrial Trucks.”

August 10, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-065-LR (Secretary of State Filing #16-08-03) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 12. Scaffolds and Scaffold Platforms.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

August 10, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-066-LR (Secretary of State Filing #16-08-04) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 25. Concrete Construction.”

August 11, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-081-LR (Secretary of State Filing #16-08-05) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 604. Chromium (VI) in Construction.”

August 11, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-082-LR (Secretary of State Filing #16-08-06) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 315. Chromium (VI) in General Industry.”

August 11, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-089-LR (Secretary of State Filing #16-08-07) on this date at 3:54 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 5. Scaffolding.”

August 11, 2016

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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-004-ED (Secretary of State Filing #16-08-08) on this date at 3:55 p.m. for the Department of Education entitled, “Declaratory Rulings, Promulgation of Rules, and Informational Materials.”

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 communications were received:

State Budget Office

June 13, 2016

Transmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Sections 26 and 33 of the Michigan Constitution for the fiscal year 2015.

The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed.

If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

June 13, 2016

This letter transmits the “Statement of the Proportion of Total State Spending From State Sources Paid to Units of Local Government - Legal Basis” for fiscal year 2015, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.

The computed percentage of total state spending from state sources paid to local governments for fiscal year 2015 is 55.25%, which is $1.9 billion more than the minimum required.

The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed.

If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

Sincerely,

John S. Roberts

State Budget Director

The communications were referred to the Secretary for record.

The following communication was received:

Office of Senator Curtis Hertel Jr.

June 22, 2016

I am writing to request my addition in co‑sponsorship of Senate Bill 991, sponsored by Senator Robertson.

Please feel free to contact me if you need any further information.

Sincerely,

Curtis Hertel Jr.

State Senator

District 23

The communication was referred to the Secretary for record.

The following communications were received:

Office of Senator Steven M. Bieda

June 28, 2016

Per Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 961, which was introduced on May 12, 2016, by Senator Curtis Hertel, Jr. and is currently in the Senate Finance Committee.

September 1, 2016

Per Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bills 995, 996, 997, and 998, which were introduced on May 25, 2016, by Senators Kowall (SB 995 and SB 996), Warren (SB 997), and Horn (SB 998) and are currently in the Senate Economic Development and International Investment Committee.

Sincerely,

Steve Bieda

State Senator

9th District

The communications were referred to the Secretary for record.

The following communication was received:

Municipal Employees’ Retirement System

June 29, 2016

Enclosed is a copy of the Comprehensive Annual Financial Report for the Year Ending December 31, 2015, for the Municipal Employees’ Retirement System of Michigan (MERS). I am providing this to you as required by the MERS Plan Document and MCL 38.1536(2)(f).

MERS is an independent, professional retirement services company that serves municipal members across the state of Michigan on a not-for-profit basis. We manage 2,100 retirement and employee benefit plans for more than 800 municipal members, with a combined value of over $9 billion.

As a municipal employer plan, we offer a broad range of customizable plans to fit our member’s budgets, needs and goals. As the plan fiduciary, our primary goal is to ensure that each municipality’s plan assets are adequate to provide for the benefits that are expected to be paid and that each plan is making reasonable progress to achieve full funding.

We work in partnership with our members to deliver them superior value that meets their needs. Since 2010 approximately 70% of MERS plans have taken action to reduce their pension liability through plan design or increased contributions. We are constantly updating and adding products and resources to keep up with the dynamic markets and help educate our members regarding their options.

I hope that you find the report informative. The report can also be found on our website at: www.mersofmich.com . If you have any questions concerning this report, please contact me.

Sincerely,

Chris DeRose

Chief Executive Officer

The communication was referred to the Secretary for record.

The following communication was received:

State Court Administrative Office

July 1, 2016

MCL 769.1k(9) requires the State Court Administrative Office to submit, by July 1, the attached report related to court costs imposed on criminal defendants.

Trial courts compiled and reported the following three pieces of information for this report:

• total number of cases in which costs under MCL 769.1k(1)(b)(iii) were imposed;

• total amount of costs imposed under MCL 769.1k(1)(b)(iii); and

• total amount of costs imposed under MCL 769.1k(1)(b)(iii) that were collected.

These court costs are allowable, but not required, in cases with a felony, misdemeanor, or designated juvenile conviction. Courts were instructed to create and use new cash codes in their case management systems by January 1, 2015, to track these data elements. Information about creating the new cash codes were disseminated in November 2014 and courts implemented the cash codes on different dates. Some implemented immediately while others were delayed. As a result, implementation of the codes affects the data reported for 2015, and the report indicated if the court was unable to report court costs.

If you have any questions, please contact John Nevin, Communications Director, at 517-373-0129 or nevinj@courts.mi.gov .

Milton L. Mack, Jr.

State Court Administrator

The communication was referred to the Secretary for record.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 14, for his approval the following bills:

Enrolled Senate Bill No. 292 at 11:36 a.m.

Enrolled Senate Bill No. 428 at 11:38 a.m.

Enrolled Senate Bill No. 429 at 11:40 a.m.

Enrolled Senate Bill No. 483 at 11:42 a.m.

Enrolled Senate Bill No. 523 at 11:44 a.m.

Enrolled Senate Bill No. 599 at 11:46 a.m.

Enrolled Senate Bill No. 600 at 11:48 a.m.

Enrolled Senate Bill No. 601 at 11:50 a.m.

Enrolled Senate Bill No. 602 at 11:52 a.m.

Enrolled Senate Bill No. 603 at 11:54 a.m.

Enrolled Senate Bill No. 604 at 11:56 a.m.

Enrolled Senate Bill No. 610 at 11:58 a.m.

Enrolled Senate Bill No. 632 at 12:00 p.m.

Enrolled Senate Bill No. 672 at 12:02 p.m.

Enrolled Senate Bill No. 690 at 12:04 p.m.

Enrolled Senate Bill No. 691 at 12:06 p.m.

Enrolled Senate Bill No. 692 at 12:08 p.m.

Enrolled Senate Bill No. 693 at 12:10 p.m.

Enrolled Senate Bill No. 694 at 12:12 p.m.

Enrolled Senate Bill No. 737 at 12:14 p.m.

Enrolled Senate Bill No. 673 at 12:16 p.m.

Enrolled Senate Bill No. 914 at 12:18 p.m.

Enrolled Senate Bill No. 711 at 12:20 p.m.

Enrolled Senate Bill No. 820 at 12:22 p.m.

Enrolled Senate Bill No. 822 at 12:24 p.m.

Enrolled Senate Bill No. 809 at 12:26 p.m.

Enrolled Senate Bill No. 883 at 12:28 p.m.

Enrolled Senate Bill No. 976 at 12:30 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Friday, June 17, for his approval the following bills:

Enrolled Senate Bill No. 504 at 1:02 p.m.

Enrolled Senate Bill No. 505 at 1:04 p.m.

Enrolled Senate Bill No. 651 at 1:06 p.m.

Enrolled Senate Bill No. 652 at 1:08 p.m.

Enrolled Senate Bill No. 653 at 1:10 p.m.

Enrolled Senate Bill No. 878 at 1:12 p.m.

Enrolled Senate Bill No. 105 at 1:14 p.m.

Enrolled Senate Bill No. 207 at 1:16 p.m.

Enrolled Senate Bill No. 251 at 1:18 p.m.

Enrolled Senate Bill No. 434 at 1:20 p.m.

Enrolled Senate Bill No. 899 at 1:22 p.m.

Enrolled Senate Bill No. 900 at 1:24 p.m.

Enrolled Senate Bill No. 477 at 1:26 p.m.

Enrolled Senate Bill No. 557 at 1:28 p.m.

Enrolled Senate Bill No. 774 at 1:30 p.m.

Enrolled Senate Bill No. 957 at 1:32 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, June 22, for his approval the following bill:

Enrolled Senate Bill No. 801 at 2:48 p.m.

The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, June 9, and are available at the Michigan Legislature website:

Senate Bill Nos. 1027 1028 1029 1030

House Bill Nos. 5748 5749 5750 5751 5752 5753 5754 5755 5756 5757 5758 5759 5760 5761 5762 5763 5764

House Joint Resolution NN

The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, July 13, and are available at the Michigan Legislature website:

House Bill Nos. 5765 5766 5767 5768 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789

House Joint Resolutions OO PP

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, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 727, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516 and section 6101 as amended by 2012 PA 178.

House Bill No. 5494, entitled

A bill to amend 2004 PA 378, entitled “Public body law enforcement agency act,” by amending sections 6 and 7 (MCL 28.586 and 28.587).

House Bill No. 5495, entitled

A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002).

House Bill No. 5496, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 33 (MCL 338.3633), as amended by 2015 PA 183.

House Bill No. 5497, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, and 12a (MCL 28.421, 28.422a, and 28.432a), sections 1 and 12a as amended by 2015 PA 207 and section 2a as amended by 2016 PA 6.

House Bill No. 5498, entitled

A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391).

House Bill No. 5499, entitled

A bill to amend 2001 PA 185, entitled “Legislative sergeant at arms police powers act,” by amending section 2 (MCL 4.382).

House Bill No. 5500, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 2012 PA 529.

House Bill No. 5501, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8.

House Bill No. 5503, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54.

Senate Bill No. 996, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b.

Senate Bill No. 998, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251.

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. 981, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353.

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. 995, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 602b, 643, 643a, and 665 (MCL 257.2b, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602b as amended by 2013 PA 231, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts.

Substitute (S-2).

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

1. Amend page 4, following line 26, by inserting:

“Sec. 204a. (1) The secretary of state shall create and maintain a computerized central file that provides an individual historical driving record for a NATURAL person with respect to all of the following:

(a) A license issued to the person under chapter 3.III.

(b) A conviction, civil infraction determination, or other licensing action that is entered against the person for a violation of this act or a local ordinance substantially corresponding to a provision of this act, or that is reported to the secretary of state by another jurisdiction.

(c) A failure of the person, including a nonresident, to comply with a suspension issued pursuant to section 321a.

(d) A cancellation, denial, revocation, suspension, or restriction of the person’s operating privilege, a failure to pay a department of state driver responsibility fee, or other licensing action regarding that person, under this act or that is reported to the secretary of state by another jurisdiction. This subdivision also applies to nonresidents.

(e) An accident in which the person is involved.

(f) A conviction of the person for an offense described in section 319e.

(g) Any driving record requested and received by the secretary of state under section 307.

(h) Any notice given by the secretary of state and the information provided in that notice under section 317(3) or (4).

(i) Any other information received by the secretary of state regarding the person that is required to be maintained as part of the person’s driving record as provided by law.

(2) A secretary of state certified computer-generated or paper copy of an order, record, or paper maintained in the computerized central file of the secretary of state is admissible in evidence in the same manner as the original and is prima facie proof of the contents of and the facts stated in the original.

(3) An order, record, or paper generated by the computerized central file of the secretary of state may be certified electronically by the generating computer. The certification shall be a certification of the order, record, or paper as it appeared on a specific date.

(4) A court or the office of the clerk of a court of this state which is electronically connected by a terminal device to the computerized central file of the secretary of state may receive into and use as evidence in any case the computer-generated certified information obtained by the terminal device from the file. A duly authorized employee of a court of record of this state may order a record for an individual from a secretary of state computer terminal device located in, and under the control of, the court, and certify in writing that the document was produced from the terminal and that the document was not altered in any way.

(5) After receiving a request for information contained in records maintained under this section, the secretary of state shall provide the information, in a form prescribed by the secretary of state, to any of the following:

(a) Another state.

(b) The United States secretary of transportation.

(c) The person who is the subject of the record.

(d) A motor carrier employer or prospective motor carrier employer, but only if the person who is the subject of the record is first notified of the request as prescribed by the secretary of state.

(e) An authorized agent of a person or entity listed in subdivisions (a) to (d).”.

2. Amend page 11, line 8, after “DEPARTMENT,” by inserting “DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES, DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET,”.

3. Amend page 11, line 14, after “WHO” by striking out the balance of the line through “REPRESENTATIVE OF” on line 15 and inserting “REPRESENT THE INTERESTS OF LOCAL GOVERNMENT OR ARE”.

4. Amend page 11, line 15, after “RESEARCH,” by striking out “AND” and inserting “OR”.

5. Amend page 12, following line 13, by inserting:

“(H) THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES OR HIS OR HER DESIGNEE. THE INDIVIDUAL APPOINTED UNDER THIS SUBDIVISION SHALL BE A VOTING MEMBER.

(I) THE DIRECTOR OF THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET OR HIS OR HER DESIGNEE. THE INDIVIDUAL APPOINTED UNDER THIS SUBDIVISION SHALL BE A VOTING MEMBER.”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 997, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a.

Substitute (S-2).

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 proceeded to the order of

Resolutions

Senator Kowall moved that further consideration of the following resolutions be postponed for today:

House Concurrent Resolution No. 3

Senate Resolution No. 76

Senate Resolution No. 75

The motion prevailed.

Senator Bieda offered the following resolution:

Senate Resolution No. 195.

A resolution to recognize the 125th anniversary of the American Numismatic Association.

Whereas, In March 1891, the concept of an American Numismatic Association (ANA) was conceived by Michigan native, Dr. George Heath, following a positive reaction upon request for a numismatic society. The ANA was formally founded in Chicago in October 1891 by Dr. Heath, William G. Jerrems, David Harlowe, J.A. Heckelman and John Brydon. In addition, the ANA’s “Lamp of Knowledge” seal, which was adapted from the University of Michigan logo, has been in use for many years. Since its inception, the ANA has inspired and connected numismatists from all across the world; and

Whereas, The Numismatist, its national publication, originated in Michigan and was edited and printed by Dr. Heath. The Numismatist, which was in publication before the formation of the ANA, continues to help connect collectors across the nation to study and learn about numismatics. The Numismatist helped generate a movement that would soon lead to the formation of the Association in 1891; and

Whereas, The American Numismatic Association is widely known as the world’s largest non-profit numismatic organization, with nearly 25,000 members committed to the rich history and lore of currency. The organization brings together currency enthusiasts, as well as newcomers, to advance the knowledge and hobby of numismatics; and

Whereas, The Association has attained national recognition with its federal charter signed by President William H. Taft and a permanent charter signed into law by President John F. Kennedy. Today the organization’s national headquarters are located in Colorado, where the ANA’s monthly journal is produced and a museum and library are operated for the benefit of collectors and the general public; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize October 2016 as the 125th anniversary of the American Numismatic Association; and be it further

Resolved, That a copy of this resolution be transmitted to the American Numismatic Association.

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 Booher, Hansen, Jones, Proos, Warren and Zorn were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senators Hune and Warren introduced

Senate Bill No. 1031, entitled

A bill to provide for the regulation of livestock raised in urban and suburban areas; to authorize zoning; and to prescribe the powers and duties of certain state and local agencies and officials.

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

Senators Warren and Hune introduced

Senate Bill No. 1032, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 205b.

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

Senators Johnson, Young and Gregory introduced

Senate Bill No. 1033, entitled

A bill to establish a bill of rights for the homeless; and to provide a remedy for violation of those rights.

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

Senator Hertel introduced

Senate Bill No. 1034, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 35 (MCL 408.1035), as amended by 1991 PA 105.

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

Senators Bieda, Jones, Hertel and Rocca introduced

Senate Bill No. 1035, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

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

Senator Hansen introduced

Senate Bill No. 1036, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72108 and 73301 (MCL 324.72108 and 324.73301), section 72108 as amended by 2014 PA 215 and section 73301 as amended by 2007 PA 174, and by adding section 73302.

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

Senator Colbeck introduced

Senate Bill No. 1037, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 43a.

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

Senator Colbeck introduced

Senate Bill No. 1038, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562.

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

Senator Colbeck introduced

Senate Bill No. 1039, 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.

Senator Colbeck introduced

Senate Bill No. 1040, 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 2010 PA 119 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 Emmons introduced

Senate Bill No. 1041, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 24 (MCL 400.724).

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

Senator Emmons introduced

Senate Bill No. 1042, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519.

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

Senator Emmons introduced

Senate Bill No. 1043, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 5 (MCL 722.625), as amended by 2004 PA 563.

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

Senator Emmons introduced

Senate Bill No. 1044, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206.

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

Senator Jones introduced

Senate Bill No. 1045, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231.

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

Senator Colbeck introduced

Senate Bill No. 1046, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1.

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

Senator Ananich introduced

Senate Bill No. 1047, entitled

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

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

Senator Kowall introduced

Senate Bill No. 1048, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 131, 143, 151, 202, 217, 246, 282, 283, 286, 287, 288, 301, 302, 405, 407, 525, 611, 703a, 707, 746, 762, 764, 765, 778, 784, 911, 922, 923, 1016, 1021, 1042, 1056, and 1060 (MCL 450.1131, 450.1143, 450.1151, 450.1202, 450.1217, 450.1246, 450.1282, 450.1283, 450.1286, 450.1287, 450.1288, 450.1301, 450.1302, 450.1405, 450.1407, 450.1525, 450.1611, 450.1703a, 450.1707, 450.1746, 450.1762, 450.1764, 450.1765, 450.1778, 450.1784, 450.1911, 450.1922, 450.1923, 450.2016, 450.2021, 450.2042, 450.2056, and 450.2060), sections 131 and 217 as amended and section 746 as added by 2008 PA 402, section 143 as amended by 2006 PA 47, sections 151, 407, and 525 as amended by 2001 PA 57, sections 202, 405, 611, 703a, 762, 784, 911, and 1021 as amended and sections 282, 283, 286, 287, and 288 as added by 2012 PA 569, sections 246, 765, and 923 as amended by 1989 PA 121, sections 301, 302, 707, and 1042 as amended by 1997 PA 118, sections 764, 922, and 1016 as amended by 1993 PA 91, section 778 as amended by 2013 PA 123, section 1056 as added by 1982 PA 407, and section 1060 as amended by 2015 PA 66; 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 Commerce.

Senator Kowall introduced

Senate Bill No. 1049, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2014 PA 302.

The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.

Senator Jones introduced

Senate Bill No. 1050, entitled

A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Kowall moved that the following joint resolution, now on the order of General Orders, be referred to the Committee on Government Operations:

House Joint Resolution N, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or communication.

The motion prevailed.

Senator Kowall moved that the Committee on Elections and Government Reform be discharged from further consideration of the following bill:

House Bill No. 4850, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555.

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

Senator Kowall moved that the bill be referred to the Committee on Agriculture.

The motion prevailed.

Messages from the Governor

The following messages from the Governor were received and read:

August 1, 2016

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

Commission on Community Action and Economic Opportunity

Kortni L. Campbell of 202 S. Luray Street, Greenville, Michigan 48838, county of Montcalm, representing low-income persons, succeeding Kimberly Ruiz, is appointed for a term expiring June 21, 2019.

Sonjalita Hulbert of 748 W. Kilgore Road, #207, Kalamazoo, Michigan 49008, county of Kalamazoo, representing community action agencies, succeeding herself, is reappointed for a term expiring June 21, 2019.

Jacob Maas of 1002 S. Ottillia Street, S.E., Grand Rapids, Michigan 49507, county of Kent, representing the private sector, succeeding Dennis Echelbarger, is appointed for a term expiring June 21, 2019.

Matthew Purcell of 6242 Willowdale Court, Burton, Michigan 48509, county of Genesee, representing community action agencies, succeeding Jacob Maas, is appointed for a term expiring June 21, 2018.

August 5, 2016

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

Michigan Board of Acupuncture

Sheryl Blanchard of 1972 Pawnee Trail, Okemos, Michigan 48864, county of Ingham, representing the general public, succeeding William Sullivan, is appointed for a term expiring June 30, 2019.

August 5, 2016

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

Michigan Commission on Services to the Aging

John E. Briggs of 1015 South First Avenue, Alpena, Michigan 49707, county of Alpena, representing an Independent, succeeding Richard Ortega, is appointed for a term expiring July 28, 2019.

Joan L. Ilardo of 920 Longfellow Drive, East Lansing, Michigan 48823, county of Ingham, representing a Democrat, succeeding herself, is reappointed for a term expiring July 28, 2019.

Peter A. Lichtenberg of 31817 Valley View Street, Farmington, Michigan 48336, county of Oakland, representing a Democrat, succeeding Sybil Ellis, is appointed for a term expiring July 28, 2018.

Laura L. Newsome of 4450 Pine Grove Road, Fort Gratiot, Michigan 48059, county of Saint Clair, representing a Republican, succeeding Michael Burri, is appointed for a term expiring July 28, 2019.

Margot D. Roedel of 666 Appletree Lane, Caro, Michigan 48723, county of Tuscola, representing a Democrat, succeeding Jeffrey Schade, is appointed for a term expiring July 28, 2017.

Michael J. Sheehan of 3736 S. Bay Bluffs Drive, Cedar, Michigan 49621, county of Leelanau, representing an Independent, succeeding himself, is reappointed for a term expiring July 28, 2019.

Amy R. Tripp of 1818 East Walmont Drive, Jackson, Michigan 49203, county of Jackson, representing an Independent, succeeding Douglas Chalgain, is appointed for a term expiring July 28, 2019.

August 5, 2016

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

Michigan Beef Industry Commission

Jerry Suter of 5420 Egypt Creek Boulevard, Ada, Michigan 49301, county of Kent, representing beef retailers, succeeding Harold Neiman, is appointed for a term expiring May 31, 2019.

August 5, 2016

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

Child Abuse and Neglect Prevention Board

Lauren Rakolta of 575 Vinewood Drive, Birmingham, Michigan 48009, county of Oakland, representing the business community, succeeding Mark Davidoff, is appointed for a term expiring December 19, 2018.

Stanley D. Hannah, Jr., of 23370 Mystic Forest Drive, Novi, Michigan 48375, county of Wayne, representing the business community, succeeding Andra Rush, is appointed for a term expiring December 19, 2018.

August 5, 2016

Please be advised of the following appointments to office:

Early Childhood Investment Corporation

Shauna L. Barbeau of 2101 Norwood Drive, Midland, Michigan 48640, county of Midland, succeeding herself, is reappointed for a term expiring July 22, 2020.

Leslie A. Murphy of 5017 Red Fox Run, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding herself, is reappointed for a term expiring July 22, 2020.

August 5, 2016

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

Electrical Administrative Board

Alan C. Kuipers of 8913 Waruf Avenue, Portage, Michigan 49002, county of Kalamazoo, representing electrical energy supply agencies, succeeding himself, is reappointed for a term expiring August 10, 2020.

Edward S. Weaver of 14489 Brown Road, Sunfield, Michigan 48890, county of Ionia, representing chief electrical inspectors of a municipality, succeeding David Williams, is appointed for a term expiring August 10, 2020.

August 5, 2016

Please be advised of the following appointments to office:

State Fire Safety Board

Donald Hicks of 11116 Wilkinson Road, Freeland, Michigan 48623, county of Saginaw, representing the chemical manufacturing industry, succeeding himself, is reappointed for a term expiring July 15, 2020.

Mark Jensen of 4243 Barnes Road, Millington, Michigan 48746, county of Tuscola, representing the liquefied petroleum or flammable compressed gas industry, succeeding himself, is reappointed for a term expiring July 15, 2020.

Ron J. Sabin of 7383 Whistle Ridge, Byron Center, Michigan 49315, county of Kent, representing fire departments in the Lower Peninsula, succeeding himself, is reappointed for a term expiring July 15, 2020.

August 5, 2016

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

Health Information Technology Commission

Rodney Davenport of 30705 Springland Street, Farmington Hills, Michigan 48334, county of Oakland, designee of the Director of the Michigan Department of Technology, Management and Budget, succeeding himself, is reappointed for a term expiring August 3, 2020.

Rozelle R. Hegeman-Dingle of 3393 Seminole Court, Rochester Hills, Michigan 48309, county of Oakland, representing pharmaceutical manufacturers, succeeding herself, is reappointed for a term expiring August 3, 2020.

Karen Parker of 4355 Morrice Road, Webberville, Michigan 48892, county of Ingham, designee of the Director of the Michigan Department of Health and Human Services, succeeding herself, is reappointed for a term expiring August 3, 2020.

August 5, 2016

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

Board of Real Estate Appraisers

Delbert Denkins of 2320 E. Geyer Road, Niles, Michigan 49120, county of Berrien, representing the certified general real estate appraisers, succeeding Diana Meyer, is appointed for a term expiring June 30, 2020.

August 5, 2016

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

Board of Real Estate Brokers and Salespersons

Allan Daniels of 948 East Long Lake Road, Bloomfield Hills, Michigan 48304, county of Oakland, representing professionals, succeeding Shawn Huston, is appointed for a term expiring June 30, 2020.

August 5, 2016

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

Chair - Michigan Veterans’ Memorial Park Commission

James Dunn of 1331 Dennison Road, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor.

Michigan Veterans’ Memorial Park Commission

Christopher D. Nash of 3174 Willoughby Road, Mason, Michigan 48854, county of Ingham, is appointed for a term expiring December 18, 2016.

Linda-Lynn C. O’Brien of 3505 Emerald Park Drive, Milford, Michigan 48380, county of Oakland, is appointed for a term expiring December 18, 2018.

Jeffrey T. Schuett of 3319 Prairie Avenue, Royal Oak, Michigan 48309, county of Oakland, is appointed for a term expiring December 18, 2017.

August 25, 2016

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

Autism Council

Christopher Pinter of 1017 Brissette Beach Road, Kawkawlin, Michigan 48631, county of Bay, representing adult service agencies and/or providers from a PIHP or CMHSP Authority, succeeding Jeff Delay, is appointed for a term expiring September 30, 2019.

August 26, 2016

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

Elevator Safety Board

Ulysha Renee’ Hall of 8120 E. Jefferson, 4G, Detroit, Michigan 48214, county of Wayne, representing a municipality in the state having a population of at least 500,000, succeeding herself, is reappointed for a term expiring July 22, 2020.

Mark D. Pawlowski of 1198 S. Aurelius Road, Mason, Michigan 48854, county of Ingham, representing manufacturers of elevators, succeeding Donald Purdie, is appointed for a term expiring July 22, 2019.

John A. Vitale of 20771 Wedgewood Drive, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing architects and consulting engineers, succeeding himself, is reappointed for a term expiring July 22, 2020.

Mark A. Smith of 132 Willow Wood Drive, Muskegon, Michigan 49442, county of Muskegon, representing insurance companies authorized to insure elevators in the state, succeeding himself, is reappointed for a term expiring July 22, 2019.

August 26, 2016

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

Hispanic/Latino Commission of Michigan

Esperanza Cantu of 2060 Oakshire Avenue, Berkley, Michigan 48072, county of Oakland, succeeding Julio Morales, is appointed for a term expiring December 10, 2016.

Jose A. Lopez of 7117 Rowan Street, Detroit, Michigan 48209, county of Wayne, succeeding Armando Hernandez, is appointed for a term expiring December 10, 2016.

Ivonne M. Soler of 33009 Brookside Court, Livonia, Michigan 48152, county of Wayne, succeeding JoAnn Chevez, is appointed for a term expiring December 10, 2017.

Kelsey V. Switzer of 2739 Berry Drive, Bloomfield Township, Michigan 48304, county of Oakland, succeeding Norma Huizar, is appointed for a term expiring December 10, 2016.

August 29, 2016

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

Human Trafficking Health Advisory Board

Lori A. Ryland of 23517 Uldriks Drive, Battle Creek, Michigan 49017, county of Calhoun, representing mental health professionals, succeeding Jeffrey Jackson, is appointed for a term expiring December 31, 2018.

August 29, 2016

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

Michigan Board of Nursing Home Administrators

Kristine M. Dozeman of 1313 Trillium Trail, N.E., Grand Rapids, Michigan 49525, county of Kent, representing the general public, succeeding Carl Ver Beek, is appointed for a term expiring June 30, 2020.

August 30, 2016

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

Michigan Collection Practices Board

Nicholas V. Dondzila of 4534 Forest Lake Court, S.E., Kentwood, Michigan 49546, county of Kent, representing the general public, succeeding Stephen MacGuidwin, is appointed for a term expiring June 30, 2020.

August 30, 2016

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

Self-Insurers’ Security, Second Injury Fund, Silicosis, Dust Disease, and Logging Industry Compensation Fund Board of Trustees

Barb Pelak of 1674 Birston Ridge Drive, N.W., Walker, Michigan 49544, county of Kent, representing employers that have been authorized to act as self-insurers, succeeding Douglas Green, is appointed for a term expiring April 30, 2020.

August 30, 2016

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

Michigan Women’s Commission

Joanne Dawley of 44644 Aspen Ridge Drive, Northville, Michigan 48168, county of Wayne, succeeding herself, is reappointed for a term expiring July 15, 2019.

Darlene S. Lee of 2757 McIntosh Avenue, N.E., Grand Rapids, Michigan 49525, county of Kent, succeeding herself, is reappointed for a term expiring July 15, 2019.

Jan Peabody of 810 Peppermill Circle, Lapeer, Michigan 48446, county of Lapeer, succeeding herself, is reappointed for a term expiring July 15, 2019.

Mary Templeton of 364 Daisy Square Parkway, Plymouth, Michigan 48170, county of Wayne, succeeding Alyssa Martina, is appointed for a term expiring July 15, 2019.

Kathleen B. Vogelsang of 554 Roundtree Drive, N.E., Ada, Michigan 49301, county of Kent, succeeding herself, is reappointed for a term expiring July 15, 2019.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

The following message from the Governor was recieved and read:

TRANSPORTATION; FUNDS; REQUIREMENT THAT

CITIES AND VILLAGES BEAR A PORTION; ELIMINATE.

July 1, 2016

Today I am returning Enrolled Senate Bill 557 to you without signature. SB 557 amends Public Act 51, which governs the distribution of transportation funding throughout our state. SB 557 eliminates Public Act 51’s requirement that certain cities and villages share in financing road construction on state trunk lines that run through those communities.

Public Act 51’s cost sharing provisions apply to 45 cities and villages with populations exceeding 25,000, with payment amounts varying depending on population. Many communities that fall within that range believe it is unfair for them to contribute to state planned construction on state roads. The bill seeks to mitigate a provision that does create hardships for some communities when they are required to use most, if not all of their available local road funding to share in a major Interstate Highway project that goes through their community. However, this bill goes too far in its affect. There are many state trunk lines that are critical commercial corridors in those communities—roads like Woodward Avenue and Telegraph Road through southeast Michigan and 28th Street in Kent County. In these cases cost sharing seems reasonable. This bill eliminates that cost sharing as well.

In addition, to help mitigate some of the costs to the communities required to participate in cost sharing, Public Act 51 requires the Michigan Department of Transportation (MDOT) to distribute additional resources for “equivalent major mileage.” Communities with larger populations and more miles of major trunk line receive more funding under the equivalent major mileage program. This funding can be used for any road or bridge purpose, including local cost share. Eliminating the cost sharing requirement while maintaining reimbursements for equivalent major mileage takes what some consider an inequity in one respect in Public Act 51 and makes it an inequity in another. Retaining equivalent major mileage distributions would then give those larger communities extra resources while eliminating the requirement for them to contribute a portion of construction on major thoroughfares from which they derive substantial benefit.

Additionally, the equivalent major mileage funding for the 45 communities that receive it is at the expense of the rest of the 488 cities and villages who receive a distribution under the Act 51 formula. SB 557 would allow those communities that receive equivalent major mileage funding to keep it, while eliminating a major reason for receiving it in the first place—to mitigate the local cost sharing requirement.

The funding gap this bill creates will force MDOT to reallocate project funding from less urbanized areas to fund higher priority state trunk line urban projects. This would mean less “main street” local focused projects as funding would be redirected to higher priority projects such as I-75 and I-94. MDOT’s five-year capital trunk line plan contemplates $22 million in local cost sharing for construction projects. If this bill becomes law, it would pull $22 million from road work at a time when aggressive investment is necessary, without any source of funding replacement. This will likely result in certain projects being delayed or resources reallocated from other projects.

But more importantly, this provision of Public Act 51 is just one of many archaic and complicated provisions. As we begin to reinvest in our infrastructure that for too long has been neglected, it is critical that we not tackle the complexities and nuances of Public Act 51 in piecemeal fashion. Instead, we should consider wholesale revisions to Public Act 51. I ask for your partnership with my administration in rewriting Public Act 51 before the end of this year as I return to you unsigned Senate Bill 557.

Sincerely,

Rick Snyder

Governor

This bill was returned from the Governor on July 1, 2016, at 10:16 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 Government Operations Committee.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Zorn’s statement is as follows:

On Monday, August 15, Summerfield Township fireman Terrance Raymond died in the line of duty after responding to an emergency call. While we are saddened by his loss, we know the inherent dangers that our dedicated firefighters face on each and every call. We also share the fear that lives with parents, wives, husbands, sons, and daughters when their loved ones respond to the calling of the radio. Terrance served his community for eight years. He leaves his wife, Tammy, and two daughters, Leah and Samantha. Today I honor his life and his commitment and service to his community. I ask that you keep his family and fellow firefighters in your thoughts and prayers during this difficult time.

Distinguished Senators of the 98th Legislature, I ask that you join in a moment of silence in remembrance of Terrance Raymond and all first responders who gave their all in the line of duty.

A moment of silence was observed in memory of Summerfield Township fireman Terrance Raymond.

Committee Reports

The Committee on Economic Development and International Investment reported

Senate Bill No. 995, entitled

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

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

Ken Horn

Chairperson

To Report Out:

Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda

Nays: None

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

The Committee on Economic Development and International Investment reported

Senate Bill No. 996, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b.

With the recommendation that the bill pass.

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

Ken Horn

Chairperson

To Report Out:

Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development and International Investment reported

Senate Bill No. 997, entitled

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

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

Ken Horn

Chairperson

To Report Out:

Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda

Nays: None

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

The Committee on Economic Development and International Investment reported

Senate Bill No. 998, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251.

With the recommendation that the bill pass.

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

Ken Horn

Chairperson

To Report Out:

Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development and International Investment submitted the following:

Meeting held on Wednesday, August 31, 2016, at 10:00 a.m., Nexteer Automotive, 3900 E. Holland Road, Saginaw

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

Excused: Senator Brandenburg

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Corrections submitted the following:

Meeting held on Wednesday, August 3, 2016, at 11:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Proos (C), Knollenberg and Gregory

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Wednesday, August 24, 2016, at 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Zorn, Hopgood, Knezek and Bieda

Excused: Senator Shirkey

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Corrections submitted the following:

Joint meeting held on Wednesday, August 24, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Proos (C), Knollenberg and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Joint meeting held on Wednesday, August 24, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Colbeck and Knezek

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on September 6, 2016, at 8:30 a.m., Rooms 402 and 403 Capitol Building

Present: Senators Nofs (C), Colbeck and Knezek

Scheduled Meetings

Appropriations - Wednesday, September 7, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801)

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

Elections and Government Reform - Thursday, September 8, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721)

Natural Resources - Wednesday, September 7, 12:30 p.m., Room 210, Farnum Building (373-1721)

Regulatory Reform - Wednesday, September 7, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)

Senate Fiscal Agency Board of Governors - Wednesday, September 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Transportation - Thursday, September 8, 8:30 a.m., Room 210, Farnum Building (373-5312)

Veterans, Military Affairs and Homeland Security - Thursday, September 8, 2:00 p.m., Room 110, Farnum Building (373-5314)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 12:10 p.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, September 7, 2016, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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