No. 75
STATE OF MICHIGAN
Journal of the Senate
98th Legislature
REGULAR SESSION OF 2016
Senate Chamber, Lansing, Wednesday, December 7, 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 Hood—excused O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Stamas—present
Gregory—present MacGregor—present Warren—present
Hansen—present Marleau—present Young—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Tom Tarpley of Fowlerville United Brethren Church of Fowlerville offered the following invocation:
Thank You, Lord, for these dedicated men and women who gather here to participate in the government of our state of Michigan, serving humbly with honor and fairness in both word and deed.
Gracious and loving Creator, as this esteemed body meets to exercise its statutory obligation, guide them and grant each one an open heart and mind. May these willing servants be receptive to listening and finding insight and inspiration in each other’s words. Strengthen their resolve that discretion be preserved, and keep them from temptation and the ways of evil. May they lead with the courage of their conviction, and always serve with integrity. May their efforts be blessed as they come together, overcoming any differences, and may they create a state of peace, equality, prosperity, justice, and opportunity for all. Bless them as they move forward together. It is in Your name, O Lord, that we pray this morning. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Knollenberg and Shirkey entered the Senate Chamber.
Senator Bieda moved that Senators Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senator Hood be excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senators Casperson and Schmidt be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Knezek and Colbeck admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No. 5591
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 6:
House Bill Nos. 4142 6013
The Secretary announced that the following bills were printed and filed on Tuesday, December 6, and are available at the Michigan Legislature website:
House Bill Nos. 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107
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 O’Brien 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. 1120, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 25a and 31 (MCL 257.25a and 257.31), section 25a as added by 1984 PA 328.
Senate Bill No. 1162, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70.
Senate Bill No. 1163, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2013 PA 233, and section 505 as amended by 2011 PA 305.
Senate Bill No. 1011, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308.
Senate Bill No. 1187, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12.
House Bill No. 5889, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126.
House Bill No. 5890, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474.
House Bill No. 5591, entitled
A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a.
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:
House Bill No. 5484, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65.
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:
House Bill No. 5599, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1012, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175.
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. 1054, entitled
A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 33, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183.
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:
House Bill No. 4185, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2002 PA 642.
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:
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.
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.
During the Committee of the Whole, Senators Casperson, Schmidt and Young entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Johnson entered the Senate Chamber.
Messages from the House
Senate Bill No. 332, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 682 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hopgood Marleau Shirkey
Colbeck Horn Meekhof Stamas
Conyers Hune Nofs Warren
Emmons Johnson O’Brien Young
Green Jones Pavlov Zorn
Nays—1
Schuitmaker
Excused—1
Hood
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
The Assistant President pro tempore, Senator O’Brien, assumed the Chair.
Senate Bill No. 333, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 319 (MCL 257.319), as amended by 2016 PA 32.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 683 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hopgood Marleau Shirkey
Colbeck Horn Meekhof Stamas
Conyers Hune Nofs Warren
Emmons Johnson O’Brien Young
Green Jones Pavlov Zorn
Nays—1
Schuitmaker
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
House Bill No. 4850
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4677
House Bill No. 5001
House Bill No. 5273
House Bill No. 5205
House Bill No. 5024
House Bill No. 5326
House Bill No. 4423
House Bill No. 4424
House Bill No. 4425
House Bill No. 4426
House Bill No. 4427
Senate Bill No. 959
House Bill No. 4850
The motion prevailed.
The following bill was read a third time:
House Bill No. 4677, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA
The question being on the passage of the bill,
Senator Knezek offered the following amendment:
1. Amend page 20, following line 15, by inserting:
“Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Young requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 684 Yeas—16
Ananich Gregory Johnson Rocca
Bieda Hertel Jones Warren
Casperson Hopgood Knezek Young
Conyers Horn O’Brien Zorn
Nays—21
Booher Hildenbrand Marleau Robertson
Brandenburg Hune Meekhof Schmidt
Colbeck Knollenberg Nofs Schuitmaker
Emmons Kowall Pavlov Shirkey
Green MacGregor Proos Stamas
Hansen
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 685 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5001, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 686 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5273, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 687 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Nays—1
Zorn
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5205, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 688 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”.
The Senate agreed to the full title.
The President pro tempore, Senator Schuitmaker, assumed the Chair.
The following bill was read a third time:
House Bill No. 5024, entitled
A bill to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 689 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5326, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7109, 7321, 7333a, 7422, 17708, 17757, and 18813 (MCL 333.7109, 333.7321, 333.7333a, 333.7422, 333.17708, 333.17757, and 333.18813), section 7109 as amended by 2001 PA 233, section 7321 as amended by 1988 PA 245, section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, section 17757 as amended by 2014 PA 525, and section 18813 as added by 2016 PA 47, and by adding section 17744e.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 690 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:49 a.m.
10:57 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
The following bill was read a third time:
House Bill No. 4423, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Casperson offered the following substitute:
Substitute (S-4).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 691 Yeas—28
Ananich Hertel MacGregor Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Horn Meekhof Schmidt
Colbeck Hune Nofs Schuitmaker
Emmons Jones O’Brien Shirkey
Green Knollenberg Pavlov Stamas
Hansen Kowall Proos Zorn
Nays—8
Bieda Conyers Hopgood Warren
Booher Gregory Knezek Young
Excused—1
Hood
Not Voting—1
Johnson
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4424, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 692 Yeas—27
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Gregory Johnson Warren
Bieda Hertel Knezek Young
Conyers Hopgood
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4425, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85.
The question being on the passage of the bill,
Senator Casperson offered the following substitute:
Substitute (S-3).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 693 Yeas—27
Brandenburg Hildenbrand Marleau Rocca
Casperson Horn Meekhof Schmidt
Colbeck Hune Nofs Schuitmaker
Emmons Jones O’Brien Shirkey
Green Knollenberg Pavlov Stamas
Hansen Kowall Proos Zorn
Hertel MacGregor Robertson
Nays—10
Ananich Conyers Johnson Warren
Bieda Gregory Knezek Young
Booher Hopgood
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4426, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 248c, 320, 320a, 606, 608, 609, and 610 (MCL 257.248c, 257.320, 257.320a, 257.606, 257.608, 257.609, and 257.610), section 248c as amended by 2015 PA 48, section 320 as amended by 2004 PA 362, section 320a as amended by 2012 PA 592, and section 606 as amended by 1980 PA 518.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 694 Yeas—35
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Johnson O’Brien Zorn
Green Jones Pavlov
Nays—2
Warren Young
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4427, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 695 Yeas—34
Ananich Gregory Knollenberg Proos
Bieda Hansen Kowall Robertson
Booher Hertel MacGregor Rocca
Brandenburg Hildenbrand Marleau Schmidt
Casperson Hopgood Meekhof Schuitmaker
Colbeck Horn Nofs Shirkey
Conyers Hune O’Brien Stamas
Emmons Jones Pavlov Zorn
Green Knezek
Nays—3
Johnson Warren Young
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 959, entitled
A bill to authorize, facilitate, and regulate the acquisition and disposal of certain property and gifts of certain property by certain entities to community foundations; to validate all transfers made before the enactment of this act; and to repeal acts and parts of acts.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 696 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
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 2016 PA 204.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 697 Yeas—35
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Schmidt
Booher Hildenbrand MacGregor Schuitmaker
Brandenburg Hopgood Marleau Shirkey
Casperson Horn Meekhof Stamas
Conyers Hune Nofs Warren
Emmons Johnson O’Brien Young
Green Jones Pavlov Zorn
Gregory Knezek Proos
Nays—1
Colbeck
Excused—1
Hood
Not Voting—1
Rocca
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:21 a.m.
11:57 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that the Committee on Transportation be discharged from further consideration of the following bill:
Senate Bill No. 1068, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28.
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 rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
Senate Bill No. 1068
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated herself as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1068, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 1068
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 1068, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 698 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
House Concurrent Resolution No. 3
Senate Resolution No. 76
Senate Resolution No. 75
Senate Resolution No. 164
The motion prevailed.
Senators Colbeck and Pavlov offered the following resolution:
Senate Resolution No. 222.
A resolution recognizing the 75th Anniversary of the attack on Pearl Harbor.
Whereas, On the morning of December 7, 1941, America was attacked without warning at Pearl Harbor by the air and naval forces of Imperial Japan. More than 2,400 people perished and another 1,100 were wounded, triggering our nation’s entry into World War II; and
Whereas, Prior to the attack at Pearl Harbor, America was divided between isolationist groups and those who believed that we needed to aid the Allies, who were dealing with the outbreak of war in Europe since 1939; and
Whereas, After the attack on Pearl Harbor, the United States saw a new unity and common direction, which propelled us not only to victory, but gave us strength as a nation to allow us to do great things for decades to come; and
Whereas, On December 7, 2016, we focus our honor on those who lost their lives 75 years ago, as well as all past veterans who have fought to preserve our freedom and democracy. Today, we also reach out to the current generation and the citizens of Michigan who answer their country’s call to service, remembering Pearl Harbor by their deeds, their devotion to duty, and their willingness to defend freedom in all ways; and
Whereas, December 7, 1941, remains a “Day of Infamy” in the memories of the citizens of the state of Michigan, as well as our great nation; now, therefore, be it
Resolved by the Senate, That this resolution serve not just as a symbol of American valor, but also as a resolve for all Americans in preserving our collective strength and unity. Such unity has propelled us in the past, and such unity can help to propel us once again; and be it further
Resolved, That the members of this legislative body recognize the 75th Anniversary of the attack on Pearl Harbor. We urge the people of Michigan to acknowledge the importance of recognizing this day, remembering what was lost, and resolving strength in unity for our country’s great future.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Conyers, Emmons, Gregory, Hansen, Hildenbrand, Horn, Hune, Johnson, Jones, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, Nofs, O’Brien, Proos, Robertson, Rocca, Schmidt, Shirkey, Stamas, Warren, Young and Zorn were named co‑sponsors of the resolution.
Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Colbeck’s statement is as follows:
Colleagues, today marks the 75th anniversary of the attack on Pearl Harbor. This attack on America was done without warning. The attack on Pearl Harbor was initiated by the air and naval forces of Imperial Japan, and in the wake of this surprise attack, more than 2,400 people perished and another 1,100 were wounded, triggering our nation’s entry into World War II.
Prior to the attack, America was a divided nation. Prior to the attack at Pearl Harbor, America was divided into isolationist groups and those who believed that we needed to aid the Allies already dealing with the outbreak of war in Europe which had started in 1939.
After the attack on Pearl Harbor, the United States saw a new unity and common direction which propelled us not only to victory, but gave us strength as a nation to allow us to do great things for decades to come.
Today, we are focusing upon honoring those whose lives were lost 75 years ago as well as all past veterans who have fought to preserve our freedom and our republic. Today, we also reach out to the current generation and citizens of Michigan who answered their country’s call to service, remembering Pearl Harbor by their deeds, their devotion to duty, and their willingness to defend freedom in all ways.
December 7, 1941 remains to this day a day of infamy in the memories of the citizens of the state of Michigan as well as our great nation. Let us also reflect upon its role in reigniting an appreciation for the word “united” when we refer to the United States of America. As Americans, we are unified by much more than divides us. It shouldn’t take a tragedy such as the attack on Pearl Harbor to remind us of this fact. Regrettably, our reflection upon this unity is often limited to such tragedies.
It is in this spirit that I implore each of us to seek unity this day. America is a diverse nation. We have different political parties, we have different religions, we have different races, and we have different ZIP codes. This diversity is good, but what unifies us is much more important. After all, we are called the United States of America for a reason. We are unified by the principles determined and documented in our Declaration of Independence, such as that we are all created equal. We are all unified by our social compact called the United States Constitution which starts with the cherished words, “We the People.”
It is my hope that this recollection of the day of infamy serves not just as a symbol of American valor, but also as a resolve for all Americans in preserving our collective strength and unity. Such unity has propelled us in the past, and such unity can help propel us once again. It is my hope that the people of our nation acknowledge the importance of recognizing this day, remembering what was lost, and resolving strength and unity for our country’s great future.
Introduction and Referral of Bills
House Bill No. 4142, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2012 PA 498.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No. 6013, entitled
A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending section 3 (MCL 32.433).
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security.
Statements
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
Today, I’m rising to say a couple of words in honor of Kathleen Straus who was first elected to the Michigan Board of Education in 1992 and is retiring at the end of her term. She’s been re-elected every eight years since she first took office in 1992 and she served as president of the board for the past 12 years. She’s now retiring after nearly a quarter-century of dedicated service to education in Michigan. Her colleagues describe her as never taking her job lightly, putting in outstanding time and effort, and advocating for good public policy in education.
In 1991, Kathy retired from the Center for Creative Studies where she served as president. Prior to that, she was director of government relations for the Michigan Association of School Boards and staff director for the Education Committee of the Michigan Senate. In addition, she was the executive director of People and Responsible Organizations for Detroit. A very active community leader, Mrs. Straus was a member of the board of trustees of the Michigan Roundtable for Diversity and Inclusion. She was a longtime trustee of the Detroit Science Center, and Communities in Schools—Detroit. She’s also the past president of the League of Women Voters of Detroit and is still actively involved in promoting informed and active participation of citizens in government. She was also the past president of the American Jewish Committee, Detroit Region and Jewish Community Council of Metropolitan Detroit.
Kathy received the Distinguished Warrior Award from the Detroit Urban League in 2000 and was inducted into the Michigan Hall of Fame in October 2000. She was also given a lifetime achievement award by the Anti Defamation League in 2004, and in 2011, the Federal Bar Association presented her with a McCree Award for the Advancement of Social Justice.
Kathleen Straus has been a powerful advocate for public education and community service and I hope you join me in wishing her well and best in her retirement from the Michigan Board of Education after nearly a quarter-century of service to the state and to its people.
Recess
Senator Kowall moved that the Senate recess until 2:00 p.m.
The motion prevailed, the time being 12:16 p.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena- tor Schuitmaker.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:01 p.m.
3:04 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 800, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2016 and September 30, 2017; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
Senator Hopgood offered the following amendments to the substitute:
1. Amend page 25, following line 13, by inserting:
“Sec. 167. Department of education
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.......................................................................................................... $ 31,000,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 0
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 31,000,000
Federal revenues:
Federal revenues........................................................................................................................... 31,000,000
Total federal revenues................................................................................................................... 31,000,000
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 0
State general fund/general purpose.............................................................................................. 0
(2) MICHIGAN OFFICE OF GREAT START
Child development care public assistance.................................................................................... 31,000,000
GROSS APPROPRIATION.......................................................................................................... 31,000,000
Federal revenues:
Federal revenues........................................................................................................................... 31,000,000
State general fund/general purpose.............................................................................................. 0”
and adjusting the subtotals, totals, and section 1201 accordingly.
2. Amend page 37, following line 1, by inserting:
“DEPARTMENT OF EDUCATION
Sec. 1551. From the funds appropriated in part 1A for child development care public assistance, the department shall modify program requirements to raise the family income eligibility rate to 150% of the federal poverty rate by April 1, 2017.”
The amendments to the substitute were not adopted.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 699 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hopgood Marleau Schuitmaker
Casperson Horn Meekhof Shirkey
Colbeck Hune Nofs Stamas
Conyers Johnson O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hood
Not Voting—0
In The Chair: O’Brien
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Committee Reports
The Committee on Local Government reported
House Bill No. 5113, entitled
A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assessments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 2 (MCL 123.162), as amended by 1981 PA 132.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government reported
House Bill No. 5591, entitled
A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Education reported
House Bill No. 5796, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1766 (MCL 380.1766).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, December 6, 2016, at 12:00 noon, Room 110, Farnum Building
Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Hopgood
The Committee on Finance reported
House Bill No. 5720, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5748, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5824, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5825, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5912, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78k (MCL 211.78k), as amended by 2006 PA 611.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Tuesday, December 6, 2016, at 1:30 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Robertson, Casperson, Proos, Bieda and Warren
Excused: Senator Knollenberg
The Committee on Health Policy reported
House Bill No. 4598, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16192 and 16201 (MCL 333.16192 and 333.16201), section 16192 as amended by 2013 PA 268 and section 16201 as amended by 1988 PA 462, and by adding section 16326 and part 171.
With the recommendation that the substitute (S-5) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5400, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, 5119, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, and 20201 (MCL 333.2701, 333.2705, 333.5119, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, and 333.20201), sections 2701 and 2705 as amended by 2014 PA 172, section 5119 as amended by 2016 PA 66, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, and section 20201 as amended by 2011 PA 210, and by adding sections 17211a and 17214.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5533, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 9701, 16221, 16226, 17001, 17021, 17048, 17049, 17050, 17060, 17074, 17076, 17078, 17501, 17521, 17548, 17549, 17550, 17708, 17745, 17745a, 17745b, 18001, 18021, 18048, 18049, 18050, and 20201 (MCL 333.7303a, 333.9701, 333.16221, 333.16226, 333.17001, 333.17021, 333.17048, 333.17049, 333.17050, 333.17060, 333.17074, 333.17076, 333.17078, 333.17501, 333.17521, 333.17548, 333.17549, 333.17550, 333.17708, 333.17745, 333.17745a, 333.17745b, 333.18001, 333.18021, 333.18048, 333.18049, 333.18050, and 333.20201), section 7303a as added by 1993 PA 305, section 9701 as added by 2004 PA 250, section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, sections 17001, 17074, 17501, and 18001 as amended and section 18050 as added by 2006 PA 161, section 17021 as amended by 1993 PA 79, sections 17048 and 17548 as amended by 2012 PA 618, sections 17049, 17076, 17078, 17549, 18048, 18049, and 20201 as amended by 2011 PA 210, sections 17050 and 17550 as amended by 1990 PA 247, section 17060 as amended by 2014 PA 343, section 17521 as amended by 2006 PA 582, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 2006 PA 391, and by adding sections 17047, 17547, 18047, 18051, and 20174; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5782, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Stamas, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5877, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17703, and 17707 (MCL 333.17702, 333.17703, and 333.17707), section 17702 as amended by 2014 PA 280 and sections 17703 and 17707 as amended by 2014 PA 285, and by adding section 17760.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Shirkey
Chairperson
To Report Out:
Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, December 6, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood
Scheduled Meetings
Administrative Rules - Monday, December 12, 10:30 a.m., Room 100, Farnum Building (373-5773)
Agriculture - Thursday, December 8, 9:00 a.m., Room 110, Farnum Building (373-5323)
Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323)
Families, Seniors and Human Services - Thursday, December 8, 9:15 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)
Judiciary - Thursday, December 8, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-1721)
Michigan Capitol Committee - Monday, December 12, 11:00 a.m., Room H-65, Capitol Building (373-0184)
Transportation - Thursday, December 8, 8:30 a.m., Room 210, Farnum Building (373-5312)
Veterans, Military Affairs and Homeland Security - Thursday, December 8, 12:00 noon, Room 110, Farnum Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 3:12 p.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, December 8, 2016, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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