No. 101
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Tuesday, December 12, 2017.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Johnson—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
Senator Goeffrey M. Hansen of the 34th District offered the following invocation:
Dear Lord, thank You for allowing us all to be here today. We gather together with the intent of doing good work. We ask that You would guide and direct our meeting so that it is full of wisdom, productivity, and respect for one another. Be with us in our deliberations and help us to be wise in the decisions we make for those who have placed their trust in our leadership. Help us to work together and encourage each other to excellence. Help us to accomplish our goals while displaying Your character.
In Your name we pray. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Knezek entered the Senate Chamber.
Senator Kowall moved that Senators Pavlov, Schuitmaker and Zorn be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senators Hood, Hopgood, Johnson, Warren and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hood entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Warren, Hopgood, Pavlov, Zorn and Schuitmaker entered the Senate Chamber.
Senator Casperson introduced
Senate Bill No. 714, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 30a.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Schmidt introduced
Senate Bill No. 715, entitled
A bill to amend 2016 PA 436, entitled “Unmanned aircraft systems act,” by amending section 5 (MCL 259.305).
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Ananich, Bieda, Hopgood and Warren introduced
Senate Bill No. 716, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14a of chapter XVII (MCL 777.14a), as amended by 2010 PA 378.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Knezek, Hopgood, Warren and Bieda introduced
Senate Bill No. 717, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 15 (MCL 408.485).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Ananich, Hopgood, Bieda and Warren introduced
Senate Bill No. 718, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 18 (MCL 408.488).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Young, Bieda, Hopgood and Warren introduced
Senate Bill No. 719, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14a of chapter XVII (MCL 777.14a), as amended by 2010 PA 378.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Bieda, Hopgood and Warren introduced
Senate Bill No. 720, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 14 (MCL 408.484).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Booher introduced
Senate Bill No. 721, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 35317 (MCL 324.35317), as amended by 2012 PA 297.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senator Young introduced
Senate Bill No. 722, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 134, 2027, 2105, 2106, 2108, 2109, 2110a, 2111, 2151, and 3104 (MCL 500.134, 500.2027, 500.2105, 500.2106, 500.2108, 500.2109, 500.2110a, 500.2111, 500.2151, and 500.3104), section 134 as amended by 1990 PA 256, section 2027 as amended by 1998 PA 26, section 2108 as amended by 2015 PA 141, sections 2110a and 2111 as amended by 2012 PA 441, section 2151 as added by 2012 PA 165, and section 3104 as amended by 2002 PA 662, and by adding sections 2027a, 2108a, 3181, and 3182.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Hansen, Casperson, Booher, Marleau, Zorn, Knollenberg, Emmons, Gregory, Warren, Ananich, Bieda, Hopgood, Hood and Nofs introduced
Senate Bill No. 723, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Hopgood, Bieda, Hood, Gregory, Johnson, Warren, Knezek, Hertel, Young, Ananich and Rocca introduced
Senate Bill No. 724, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Bieda, Hopgood, Hood, Gregory, Johnson, Warren, Knezek, Hertel, Young, Ananich and Rocca introduced
Senate Bill No. 725, entitled
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4404, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20106, 20109, 20115, 20142, and 20161 (MCL 333.20106, 333.20109, 333.20115, 333.20142, and 333.20161), section 20106 as amended by 2017 PA 167, section 20109 as amended by 2015 PA 156, section 20115 as amended by 2012 PA 499, and section 20161 as amended by 2016 PA 189, and by adding part 218.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 4536, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 26a to chapter IV.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4537, entitled
A bill to amend 1974 PA 163, entitled “C.J.I.S. policy council act,” by amending section 4 (MCL 28.214), as amended by 2011 PA 199.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4538, entitled
A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 3 (MCL 28.243), as amended by 2012 PA 374.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4701, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2015 PA 68.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security.
House Bill No. 4905, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2017 PA 121.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 4951, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 710d, 710e, and 907 (MCL 257.710d, 257.710e, and 257.907), section 710d as amended by 2009 PA 57, section 710e as amended by 2016 PA 460, and section 907 as amended by 2015 PA 126.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
House Bill No. 5175, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2016 PA 514.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
House Bill No. 5217, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20919 (MCL 333.20919), as amended by 2017 PA 154, and by adding section 21540.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Insurance.
House Bill No. 5218, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21501 (MCL 333.21501) and by adding section 21541.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Insurance.
House Bill No. 5219, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 20921b, 20921c, 20932a, 20932b, and 21542.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Insurance.
House Bill No. 5298, entitled
A bill to create the protecting local government retirement and benefits act; to provide the powers and duties of certain state and local agencies and officials; and to create a municipal stability board.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5300, entitled
A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2016 PA 196.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5301, entitled
A bill to amend 1961 PA 88, entitled “An act to provide for the preservation and continuity of retirement system service credits for public employees who transfer their employment between units of government,” (MCL 38.1101 to 38.1106) by adding section 2a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5302, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13 and 20h (MCL 38.1133 and 38.1140h), as amended by 2016 PA 530.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5303, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110b (MCL 41.110b), as amended by 1999 PA 209.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5304, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” by amending sections 14, 14a, and 15 (MCL 45.514, 45.514a, and 45.515), section 14 as amended by 2005 PA 208, section 14a as added by 2012 PA 466, and section 15 as amended by 1980 PA 7, and by adding section 15c.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5305, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 12a, 12d, and 12e (MCL 46.12a, 46.12d, and 46.12e), section 12a as amended by 2003 PA 219.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5306, entitled
A bill to amend 1937 PA 345, entitled “An act to provide for the establishment, maintenance, and administration of a system of pensions and retirements for the benefit of the personnel of fire and police departments employed by cities, villages, or municipalities having full paid members in the departments, and for the spouses and children of the members; to provide for the creation of a board of trustees to manage and operate the system; to authorize appropriations and deductions from salaries; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts inconsistent therewith,” (MCL 38.551 to 38.562) by adding section 2a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5307, entitled
A bill to amend 1966 PA 28, entitled “An act to authorize the board of trustees of police and firemen retirement systems, municipal employees retirement systems, or county retirement systems to increase benefits,” by amending section 1 (MCL 38.571), as amended by 2002 PA 602.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5308, entitled
A bill to amend 1927 PA 339, entitled “An act to authorize the establishment of a system of retiring allowances for employes of public libraries now existing or which may hereafter be established in incorporated cities of 250,000 population or more,” by amending section 2 (MCL 38.702).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5309, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending sections 4a, 17, and 22 (MCL 45.554a, 45.567, and 45.572), section 4a as added by 2012 PA 507, and by adding section 22a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5310, entitled
A bill to amend 1984 PA 427, entitled “An act to provide for a retirement system for municipal and judicial employees; to create a retirement board and to prescribe its powers and duties; to prescribe the powers and duties of certain other state officers and agencies; and to repeal certain acts and parts of acts,” by amending section 36 (MCL 38.1536), as amended by 2004 PA 490.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5313, entitled
A bill to amend 1909 PA 279, entitled “An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,” by amending sections 4i and 4p (MCL 117.4i and 117.4p), section 4i as amended and section 4p as added by 2014 PA 183, and by adding section 4u.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:15 a.m.
11:01 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senator Johnson entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess until 1:00 p.m.
The motion prevailed, the time being 11:02 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senator Young entered the Senate Chamber.
The following communication was received and read:
Office of the Senate Majority Leader
December 7, 2017
Pursuant to MCL 125.2029c, I appoint the following person to the Michigan Film Office Advisory Council:
Skot Welch, M.M, Global Bridgebuilders
Sincerely,
Arlan Meekhof
30th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
The following communication was received and read:
Michigan Legislature
December 7, 2017
Pursuant to MCL 600.1082, Speaker Leonard and I are re-appointing the following individual to the State Drug Treatment Court Advisory Committee:
Ms. Christina Nicholas, LMSW
Sincerely,
Arlan B. Meekhof
Senate Majority Leader
30th District
Tom Leonard
Speaker of the House
93rd District
The communication was referred to the Secretary for record.
The following communication was received and read:
Office of the Auditor General
December 8, 2017
Enclosed is a copy of the following report:
• Follow-up report on the Funding for Department Services Provided to Local Units of Government, Michigan Department of Transportation (591-0174-12F).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Government Operations.
Messages from the Governor
The following message from the Governor was received:
Date: December 5, 2017
Time: 3:33 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 509 (Public Act No. 190), being
An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 10a.
(Filed with the Secretary of State on December 5, 2017, at 4:04 p.m.)
Respectfully,
Rick Snyder
Governor
By unanimous consent the Senate returned to the order of
Motions and Communications
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. 481
Senate Bill No. 582
House Bill No. 4807
House Bill No. 5126
Senate Bill No. 660
The motion prevailed, a majority of the members serving voting therefor.
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 Assistant President pro tempore, Senator O’Brien, designated Senator Proos as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 590, entitled
A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 14a (MCL 42.14a), as amended by 2002 PA 230.
Senate Bill No. 591, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 22 of chapter IX (MCL 69.22), as amended by 1998 PA 254.
Senate Bill No. 592, entitled
A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 26 (MCL 78.26), as amended by 2011 PA 139.
Senate Bill No. 593, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4a (MCL 117.4a), as amended by 2002 PA 201.
Senate Bill No. 361, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651 and 655 (MCL 206.651 and 206.655), section 651 as amended by 2011 PA 171 and section 655 as added by 2011 PA 38.
House Bill No. 4976, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending sections 21 and 28 (MCL 205.21 and 205.28), section 21 as amended by 2014 PA 35 and section 28 as amended by 2017 PA 111.
House Bill No. 4420, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.
House Bill No. 4502, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 625 (MCL 206.625), as amended by 2014 PA 15.
House Bill No. 5165, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding sections 54f, 54g, and 54h.
House Bill No. 5166, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 54 (MCL 421.54), as amended by 2016 PA 522.
House Bill No. 5167, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 5a (MCL 421.5a), as amended by 1993 PA 311.
House Bill No. 5168, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 2011 PA 269.
House Bill No. 5169, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2016 PA 228.
House Bill No. 5170, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2013 PA 142.
House Bill No. 5171, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2016 PA 522.
House Bill No. 5172, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 32a (MCL 421.32a), as amended by 2011 PA 269.
Senate Bill No. 568, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 661a (MCL 257.661a).
Senate Bill No. 621, entitled
A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10a, 10c, 10f, 10g, and 10k (MCL 125.990, 125.990a, 125.990c, 125.990f, 125.990g, and 125.990k), as amended by 2013 PA 126.
House Bill No. 4207, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 90a and 90b (MCL 125.2090a and 125.2090b), as amended by 2014 PA 506.
Senate Bill No. 582, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 675, 803d, and 803h (MCL 257.675, 257.803d, and 257.803h), section 675 as amended by 2013 PA 247 and sections 803d and 803h as amended by 1998 PA 68.
House Bill No. 5126, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1307h (MCL 380.1307h), as added by 2016 PA 402.
Senate Bill No. 660, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 46 (MCL 287.746), as added by 2009 PA 117, and by adding section 47.
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. 362, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 653 and 657 (MCL 206.653 and 206.657), section 653 as amended by 2011 PA 183 and section 657 as added by 2011 PA 38.
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 amendment, the following bill:
Senate Bill No. 511, entitled
A bill to create the Michigan first-time home buyer savings program; to provide for first-time home buyer savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax deductions; and to provide for penalties and remedies.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 7, line 20, by striking out “$100,000.00” and inserting “$50,000.00”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 512, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 405, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 261.
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. 469, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 266a and 675.
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. 390, entitled
A bill to amend 1951 PA 77, entitled “An act providing for the specific taxation of low grade iron ore, of low grade iron ore mining property, and of rights to minerals in lands containing low grade iron ores; to provide for the collection and distribution of the specific tax; to make an appropriation; and to prescribe the powers and duties of the state geologist and township supervisors and treasurers with respect to the specific tax,” by amending section 4 (MCL 211.624), as amended by 2002 PA 443.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 12, after “SUBSECTIONS (9) AND (10).” by striking out the balance of the line through “LAW.” on line 14.
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. 393, entitled
A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts.
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. 481, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 16a.
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:
House Bill No. 4807, entitled
A bill to amend 1921 PA 246, entitled “An act to regulate the service, rates, fares and charges of carriers by water within this state,” by amending sections 1, 2, 3, 4, 5, and 6 (MCL 460.201, 460.202, 460.203, 460.204, 460.205, and 460.206) and by adding section 7.
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 amendment, the following bill:
House Bill No. 5301, entitled
A bill to amend 1961 PA 88, entitled “Reciprocal retirement act,” (MCL 38.1101 to 38.1106) by adding section 2a.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 1, line 4, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 686 of the 99th Legislature is enacted into law.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5304, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” by amending sections 14, 14a, and 15 (MCL 45.514, 45.514a, and 45.515), section 14 as amended by 2005 PA 208, section 14a as added by 2012 PA 466, and section 15 as amended by 1980 PA 7, and by adding section 15c.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 14, line 21, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 686 of the 99th Legislature is enacted into law.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5306, entitled
A bill to amend 1937 PA 345, entitled “Fire fighters and police officers retirement act,” (MCL 38.551 to 38.562) by adding section 2a.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 1, line 6, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 686 of the 99th Legislature is enacted into law.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5308, entitled
A bill to amend 1927 PA 339, entitled “An act to authorize the establishment of a system of retiring allowances for employes of public libraries now existing or which may hereafter be established in incorporated cities of 250,000 population or more,” by amending section 2 (MCL 38.702).
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 3, line 8, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 686 of the 99th Legislature is enacted into law.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5310, entitled
A bill to amend 1984 PA 427, entitled “Municipal employees retirement act of 1984,” by amending section 36 (MCL 38.1536), as amended by 2004 PA 490.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 7, line 18, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 686 of the 99th Legislature is enacted into law.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5313, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 4i and 4p (MCL 117.4i and 117.4p), section 4i as amended and section 4p as added by 2014 PA 183, and by adding section 4u.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 7, line 4, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 686 of the 99th Legislature is enacted into law.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:26 p.m.
1:59 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Kowall moved that consideration of the following bills be postponed for today:
Senate Bill No. 35
Senate Bill No. 316
The motion prevailed.
Senate Bill No. 183, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2014 PA 76.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 180, 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 sections 5c, 5d, 5e, 5g, 5h, 5i, 5j, 5k, and 5l (MCL 722.115c, 722.115d, 722.115e, 722.115g, 722.115h, 722.115i, 722.115j, 722.115k, and 722.115l), sections 5c and 5d as amended by 2010 PA 379, section 5e as added by 2005 PA 133, section 5g as amended by 2007 PA 217, sections 5h, 5i, 5j, and 5k as added by 2007 PA 218, and section 5l as added by 2008 PA 15, and by adding sections 5n, 5o, 5p, 5q, 5r, and 5s.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
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. 503 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 181, 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 sections 1, 1a, 2, 2a, 2c, 2d, 2e, 3, 3a, 3b, 3c, 3e, 3f, 3g, 5, 5b, 6, 8a, 8b, 9, 10, 11, 11a, 12, 13, 14, 14a, 14b, 14c, 14d, 14e, 14f, 15, and 16 (MCL 722.111, 722.111a, 722.112, 722.112a, 722.112c, 722.112d, 722.112e, 722.113, 722.113a, 722.113b, 722.113c, 722.113e, 722.113f, 722.113g, 722.115, 722.115b, 722.116, 722.118a, 722.118b, 722.119, 722.120, 722.121, 722.121a, 722.122, 722.123, 722.124, 722.124a, 722.124b, 722.124c, 722.124d, 722.124e, 722.124f, 722.125, and 722.126), section 1 as amended by 2014 PA 65, section 1a as added by 1984 PA 139, sections 2 and 3 as amended by 2006 PA 206, sections 2a, 3c, and 3e as amended by 2007 PA 217, sections 2c, 2d, and 2e as added by 2004 PA 531, section 3a as amended and section 8b as added by 1997 PA 165, section 3b as added by 1993 PA 211, section 3f as added by 2008 PA 15, section 3g as added and section 11 as amended by 2010 PA 85, section 5 as amended by 2011 PA 228, section 5b as added by 1998 PA 519, section 8a as added by 1980 PA 32, section 9 as amended by 2010 PA 379, section 10 as amended by 2016 PA 495, section 12 as amended by 1980 PA 232, section 14a as amended by 1984 PA 396, sections 14b and 14c as added by 1994 PA 209, section 14d as amended by 1995 PA 107, sections 14e and 14f as added by 2015 PA 53, and section 15 as amended by 2016 PA 487, and by adding sections 3h and 11c; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
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. 504 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 182, 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 sections 7, 8, and 11b (MCL 722.117, 722.118, and 722.121b), section 8 as amended by 1980 PA 232 and section 11b as amended by 2010 PA 86, and by adding sections 4a, 5m, 7a, and 8c.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
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. 505 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 570, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, 9n, 9o, 19, and 53b (MCL 211.9f, 211.9m, 211.9n, 211.9o, 211.19, and 211.53b), section 9f as amended by 2016 PA 329, sections 9m and 9n as amended by 2017 PA 42, section 9o as amended by 2013 PA 153, and sections 19 and 53b as amended by 2016 PA 108.
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 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. 506 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 571, entitled
A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending section 7 (MCL 211.1057), as amended by 2016 PA 107.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 572, entitled
A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending section 7 (MCL 211.1077), as amended by 2016 PA 109.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 573, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as amended by 2016 PA 110.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
House Bill No. 5301
House Bill No. 5304
House Bill No. 5306
House Bill No. 5308
House Bill No. 5310
House Bill No. 5313
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. 5301
House Bill No. 5304
House Bill No. 5306
House Bill No. 5308
House Bill No. 5310
House Bill No. 5313
House Bill No. 4054
House Bill No. 5164
House Bill No. 5173
Senate Bill No. 645
House Bill No. 4907
The motion prevailed.
The following bill was read a third time:
House Bill No. 5301, entitled
A bill to amend 1961 PA 88, entitled “Reciprocal retirement act,” (MCL 38.1101 to 38.1106) by adding section 2a.
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. 507 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 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 preservation and continuity of retirement system service credits for public employees who transfer their employment between units of government,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5304, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” by amending sections 14, 14a, and 15 (MCL 45.514, 45.514a, and 45.515), section 14 as amended by 2005 PA 208, section 14a as added by 2012 PA 466, and section 15 as amended by 1980 PA 7, and by adding section 15c.
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. 508 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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 of the bill.
The following bill was read a third time:
House Bill No. 5306, entitled
A bill to amend 1937 PA 345, entitled “Fire fighters and police officers retirement act,” (MCL 38.551 to 38.562) by adding section 2a.
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. 509 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 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 establishment, maintenance, and administration of a system of pensions and retirements for the benefit of the personnel of fire and police departments employed by cities, villages, or municipalities having full paid members in the departments, and for the spouses and children of the members; to provide for the creation of a board of trustees to manage and operate the system; to authorize appropriations and deductions from salaries; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts inconsistent therewith,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5308, entitled
A bill to amend 1927 PA 339, entitled “An act to authorize the establishment of a system of retiring allowances for employes of public libraries now existing or which may hereafter be established in incorporated cities of 250,000 population or more,” by amending section 2 (MCL 38.702).
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. 510 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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 of the bill.
The following bill was read a third time:
House Bill No. 5310, entitled
A bill to amend 1984 PA 427, entitled “Municipal employees retirement act of 1984,” by amending section 36 (MCL 38.1536), as amended by 2004 PA 490.
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. 511 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 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 a retirement system for municipal and judicial employees; to create a retirement board and to prescribe its powers and duties; to prescribe the powers and duties of certain other state officers and agencies; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5313, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 4i and 4p (MCL 117.4i and 117.4p), section 4i as amended and section 4p as added by 2014 PA 183, and by adding section 4u.
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. 512 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Kowall moved that the bill be given immediate effect.
The motion prevailed, 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 incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4054, entitled
A bill to amend 1990 PA 187, entitled “The pupil transportation act,” (MCL 257.1801 to 257.1877) by adding section 12.
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. 513 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 regulate the equipment, maintenance, operation, and use of school buses; to prescribe the qualifications of school bus drivers; to prescribe the powers and duties of certain state and local governmental agencies; to create an advisory committee and to prescribe its powers and duties; and to prescribe remedies and penalties,”.
The Senate agreed to the full title.
Senator Hansen asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Hansen’s statement is as follows:
I want to introduce the Privackys, who are here today. They lost their two children in a tragic bus accident about three years ago. This has come out of trying to make sure that we don’t have any more tragedies like that in the state of Michigan. I want to make sure that I, again, introduce Nancee and Paul Privacky in the north Gallery. With them, they have their friends Mary Hansen and Scott Butler. This bill was brought on through them, through Representative Hughes.
The following bill was read a third time:
House Bill No. 5164, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2016 PA 432.
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. 514 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5173, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2016 PA 431.
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. 515 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 645, entitled
A bill to promote the safety and security of rail fixed guideway public transportation systems operating within this state; to designate the office of rail within the state transportation department as the state safety oversight entity for this state; to provide for the powers and duties of the state safety oversight entity; and to provide for the enforcement of this act.
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. 516 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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. 4907, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811f (MCL 257.811f), as amended by 2006 PA 562.
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. 517 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:47 p.m.
3:33 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 688, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13 and 20h (MCL 38.1133 and 38.1140h), as amended by 2016 PA 530.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 686, entitled
A bill to create the protecting local government retirement and benefits act; to provide the powers and duties of certain state and local agencies and officials; and to create a municipal stability board.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.
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. 518 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Johnson Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 691, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 12a, 12d, and 12e (MCL 46.12a, 46.12d, and 46.12e), section 12a as amended by 2003 PA 219.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 692, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending sections 4a, 17, and 22 (MCL 45.554a, 45.567, and 45.572), section 4a as added by 2012 PA 507, and by adding section 22a.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 694, entitled
A bill to amend 1966 PA 28, entitled “An act to authorize the board of trustees of police and firemen retirement systems, municipal employees retirement systems, or county retirement systems to increase benefits,” by amending section 1 (MCL 38.571), as amended by 2002 PA 602.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 696, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110b (MCL 41.110b), as amended by 1999 PA 209.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 699, entitled
A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2016 PA 196.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 30
Senate Resolution No. 105
The motion prevailed.
House Concurrent Resolution No. 16.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Statements
Senators Proos and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Proos’ statement is as follows:
I appreciate the opportunity to make a brief statement regarding a very special event that occurred in Southwest Michigan just yesterday. I have the pleasure of knowing Sister Mary Ann Rybarczyk, a nun in the Catholic Church, because of her years of service and teaching at the Catholic school that I went to, that my sisters went to, that my mother worked at, and that my children have attended. Sister Mary Ann retired after many, many decades. What I didn’t know is that Sister Mary Ann’s brother was a World War II veteran who never came home. As it turns out, when she was 14 years old—on September 8, 1944—Navy Reserve Aviation Radioman 2nd Class Albert P. Rybarczyk was lost in a bombing run in World War II. That was some 2 1/2 years after Pearl Harbor.
In fact, 42 days after Pearl Harbor, then high school graduate and Clark equipment operator, Rybarczyk, enlisted in the United States Navy to defend our freedoms, the freedoms that we love and hold so dear. It turns out that there are organizations across our great nation who do not want to leave behind those men and women who are lost in battle, who are lost at sea, and who are lost in service to our nation.
Yesterday, Sister Mary Ann joined family members from that lost ship, an Avenger that went down in the Pacific off of Palau. In 2014, a portion of the Avenger bomber was found, and later, in some additional investigation, it was found that three of the four crew members were contained within the wreck, some 72 years later. Sister Mary Ann was then asked to give DNA samples, and I’m pleased to report that yesterday, at St. Joseph Catholic Church, Sister Mary Ann Rybarczyk was able to welcome home her brother with full military rights and a full Catholic-Christian burial.
The school that she taught at for many decades was, in fact, there. My daughter was one of those in attendance at the Mass yesterday, as were so many others—veterans and individuals who wanted to pay their respects to a fallen hero 73 years later. It really was a moving experience for every one of us, made all the more important and all the more blessed when you consider that 73 years later, Sister Mary Ann has her brother home for Christmas.
As we think about the blessings that we have in our lives, I think about the years of service that Sister Mary Ann provided to so many kids throughout the years, and yet, she carried with her the sadness of having lost her brother with no accounting and no understanding of where he might be—other than he enlisted for our freedoms.
Yesterday, Sister Mary Ann Rybarczyk was able to welcome home Alfred P. “Bud” Rybarczyk, lost in service to our nation 73 years ago. Today he is buried in the cemetery that, in fact, my father is buried in just 30 feet away. It is an honor for me to mention him to this chamber, a name that you may not have known, a name that I didn’t even know Sister Mary Ann had lost—her brother. But here we are 73 years later, to say, “Thank you, welcome home, and thank you for your service, Bud Rybarczyk.”
A moment of silence was observed in memory of Navy Reserve Aviation Radioman 2nd Class Albert P. “Bud” Rybarczyk, missing in action veteran of World War II.
Senator Bieda’s statement is as follows:
All of you know that ethics and transparency in government are hugely important to me. I’ve stood at this podium more times than I can count talking about the need to stand up for folks we were elected to represent over the CEOs who cut big checks. I’ve introduced dozens of bills during my time in office to open the Capitol’s doors to transparency and lift the shroud of secrecy that has consumed this body. I’ve done these things because we’re at a turning point in our political discourse. We can either work to regain the trust of Michiganders across the state or continue down the same, failed path that creates distrust and animosity.
That’s why I’m standing here today, because the former must take the place of the latter, and this begins with a pipeline sitting hundreds of feet below the Mackinac Bridge. Environmentalists and concerned citizens—and some of us—have been sounding the alarm for years, but these pleas have fallen on deaf ears. There’s a fundamental problem when the powerful, political elite ignore the concerns of our citizens and favor Enbridge, a foreign corporation with little interest in the health of our Great Lakes. They’ve proven their incompetence to properly maintain their pipelines, which led to the Kalamazoo River spill of 2010, the largest inland oil spill in U.S. history. Yet, they’re telling us that there’s nothing to worry about with the 60-year-old Line 5 pipeline, and I’m just not buying it, and neither is Governor Snyder’s state pipeline safety panel which has urged him to temporarily shut down Line 5.
That’s because the structural integrity of Line 5, which carries about 23 million gallons of oil and liquid natural gas daily, has been quickly deteriorating. Even more alarming, Enbridge has known about the fact that some 48 sections of this pipeline are missing a protective coating—which exposes bare metal to Great Lakes water—for the past three years. They kept quiet about it until recently this year when they were under pressure to inspect it.
This is a pipeline that poses a serious risk to the waters upon which so much of our own economy, health, recreation, and general quality of life depend. This body has a responsibility to demand transparency and accountability from Enbridge and all elected officials involved in the decision-making process. We cannot afford a BP-sized oil spill in our Great Lakes.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 7:
House Bill Nos. 4404 4536 4537 4538 4701 4905 4951 5175 5217 5218 5219 5298 5300 5301
5302 5303 5304 5305 5306 5307 5308 5309 5310 5313
The Secretary announced the enrollment printing and presentation to the Governor on Friday, December 8, for his approval the following bill:
Enrolled Senate Bill No. 275 at 11:36 a.m.
The Secretary announced that the following bills were printed and filed on Wednesday, December 6, and are available at the Michigan Legislature website:
House Bill Nos. 5323 5324 5325 5326 5327 5328 5329 5330 5331 5332 5333 5334
The Secretary announced that the following bills were printed and filed on Thursday, December 7, and are available at the Michigan Legislature website:
House Bill Nos. 5335 5336
Committee Reports
The Committee on Transportation reported
Senate Bill No. 481, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 16a.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 582, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 675, 803d, and 803h (MCL 257.675, 257.803d, and 257.803h), section 675 as amended by 2013 PA 247 and sections 803d and 803h as amended by 1998 PA 68.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 589, entitled
A bill to amend 1997 PA 55, entitled “Electric patrol vehicle act,” by amending sections 2, 4, and 5 (MCL 257.1572, 257.1574, and 257.1575).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 672, entitled
A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2017 PA 116.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4807, entitled
A bill to amend 1921 PA 246, entitled “An act to regulate the service, rates, fares and charges of carriers by water within this state,” by amending sections 1, 2, 3, 4, 5, and 6 (MCL 460.201, 460.202, 460.203, 460.204, 460.205, and 460.206) and by adding section 7.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4956, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2017 PA 35.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4644, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 2016 PA 454.
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.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Horn, Pavlov and Marleau
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Thursday, December 7, 2017, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Casperson (C), Horn, Pavlov and Marleau
Excused: Senator Conyers
The Committee on Agriculture reported
Senate Bill No. 660, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 46 (MCL 287.746), as added by 2009 PA 117, and by adding section 47.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Green, Schmidt and Ananich
Nays: Senator Booher
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Agriculture submitted the following:
Meeting held on Tuesday, December 12, 2017, at 10:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Hune (C), Green, Schmidt, Booher and Ananich
The Committee on Education reported
House Bill No. 5126, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1307h (MCL 380.1307h), as added by 2016 PA 402.
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, Hune and Hopgood
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 12, 2017, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Pavlov (C), Knollenberg, Booher, Hune and Hopgood
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, December 12, 2017, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young
Scheduled Meetings
Appropriations - Wednesday, December 13, 1:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-5307)
Families, Seniors and Human Services - Wednesday, December 13, 12:00 noon, Room 1300, Binsfeld Office Building (373-5323)
Insurance - Wednesday, December 13, 12:00 noon, Room 1200, Binsfeld Office Building (373-1721)
Natural Resources - Wednesday, December 13, 12:30 p.m., Room 1300, Binsfeld Office Building (373-5312) (CANCELED)
Regulatory Reform - Wednesday, December 13, 1:00 p.m., Room 1100, Binsfeld Office Building (373-5323)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 3:54 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, December 13, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
1850 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1851
1852 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1853
1854 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1855
1856 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1857
1858 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1859
1860 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1861
1862 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1863
1864 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1865
1866 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1867
1868 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1869
1870 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1871
1872 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1873
1874 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1875
1876 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1877
1878 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1879
1880 JOURNAL OF THE SENATE [December 12, 2017] [No. 101
No. 101] [December 12, 2017] JOURNAL OF THE SENATE 1881
1882 JOURNAL OF THE SENATE [December 12, 2017] [No. 101